ABDULMAJID ABDULSATTAR MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application preferred under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking regular bail in connection with the FIR being C.R.No. 11209024220197 of 2022 registered with the Jadar Police Station, District: Sabarkantha for the offences punishable 406, 419, 465, 467, 468, 471 and 114 of the Indian Penal Code.

(2.) As per the FIR registered by Abdul Satar Haji Abdul Rahim, he was having land at Survey No.275 New Survey No.161 Khata No.587 admeasuring 1 - 96 - 41 Hectare - RA - Sq. Mts. situated at Mouje Isarwada, Tal. Idar and as the first informant went to Axis Bank, Himmatnagar for lifting the charge for the said land on 1/1/2022, he found that there were two mutation entries about lifting of the charge over the land. Therefore, upon suspicion, he got the revenue records in the form of 7/12 extracts and Form No.6 and found that on 27/1/2022, the land belonging to the first informant was sold to one Patel Krishnakumar Kodarbhai and mutation entry to that effect was mutated. Upon further inquiry from the Sub-Registrar office, it was found that on the first and last page of the Sale Deed, the photographs which were affixed were not of the first informant and was of some other person. Therefore, the first informant registered the FIR.

(3.) During the course of investigation, it was revealed that the applicant who happens to be the son of the first informant was the person who was actively involved in the offence in question and everything was designed by him and it was he only who hatched the conspiracy, got the sale deed executed in some other person's name i.e. Patel Krishnakumar Kodarbhai at a sale consideration of Rs.1,07,00,000.00 and sold away the land which was belonged to his father - first informant.