SHANKARDAN KESHUBHAI LANGA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11216008230197 of 2023 registered with Gandhinagar Sector 7 Police Station, Gandhinagar.

(2.) Learned Senior Advocate appearing on behalf of the applicant submits that initially, the FIR came to be lodged for the offences punishable under Ss. 409, 168, 193, 196, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 (herein after referred to as the "Code") and Ss. 13(1)(a), 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as the "Act"). However, after investigation, the Investigating Agency has filed charge-sheet and the applicant has been charge-sheeted for the offence punishable under Ss. 409 and 219 of the Code and Ss. 13(1)(a), 13(1)(b) and 13(2) of the Act . The applicant has not been charge-sheeted for any other offences mentioned in the FIR. The applicant has been arrested in connection with the present offence on 11/7/2023 and since then the applicant is in custody.

(3.) Learned Additional Advocate General appearing on behalf of the respondent-State has opposed grant of regular bail by submitting that the order, which is subject matter of the present FIR was fraudulent order passed by the present applicant intentionally for some illegal gratification. The land in question for which the said order was passed was an unnumbered land belonging to the State Government. The present applicant, by his order, had allotted the said parcel of land to the person, who was not an agriculturist and had done so with an intention of getting some illegal gratification.