AMRUTJI SHANAJI THAKORE Vs. JASHVANT SHANKARLAL NAYAK

JUDGEMENT

(1.) By way of this application, filed under Sec. 439(2) of the Code of Criminal Procedure, 1973 (in brief, 'the Code'), the applicant-first informant seeks to assail the order dtd. 8/3/2022, passed by the Coordinate Bench of this Court in CR.M.A. No. 21442 of 2021, granting anticipatory bail to the respondent No.1-accused in connection with the offence registered with the Adalaj Police Station, District: Gandhinagar, being CR No. 11216001210714 of 2021 for the offences punishable under Ss. 465, 467, 468, 471 and 20(B) of the Indian Penal Code and Ss. 4(3) and 5 of the Gujarat Land Grabbing Prohibition Act, 2020.

(2.) Learned Advocate, Mr. Ravani, appearing for the applicant submitted that Respondent No.2 has committed the breach of condition as well as the directions issued by this Court vide order dtd. 8/3/2022, passed in Criminal Misc. Application No. 21442 of 2021, by which Respondent No.1 is granted anticipatory bail. It was submitted that Respondent No.1 has filed an undertaking before this Court, stating therein, that he is ready and willing to reverse the transaction, which is alleged in the FIR. It was further submitted that the allegations of forging documents are made against Respondent No.1, who got executed the sale deed in question, after preparing a false Pedhinama / Pedigree. It was submitted that Respondent No.1 has played main role in the commission of the alleged offence and since, Respondent No.1 committed the breach of the conditions of bail granted by this Court, his bail may be canceled. Learned Advocate pressed into service, the order passed by the Coordinate Bench of this Court dtd. 25/9/2017 in Criminal Misc. Application (For Cancellation of Bail) No. 7971 of 2016, to submit that in the identical case of breach of condition, imposed while granting bail, the bail granted to the concerned accused persons was canceled. Reliance is also placed on the order.

(3.) Learned APP adopted the arguments advanced by the learned Advocate for the applicant and prayed that the appropriate orders may be passed in the facts and circumstances of this case.