JAGUBHAI SELARBHAI BORICHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 11208044240142 of 2024 registered with the Pradyumannagar Police Station, District Rajkot for the offence punishable under Ss. 4(3), 5(C) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

(3.) Learned advocate Mr. Jasani appearing on behalf of the applicant has submitted that so called incident is occurred on 19/3/1998 and FIR is registered on 17/2/2024 after delay of more than 26 years and in connection with the same, the applicant was arrested on 17/2/2024 and since then, he is in judicial custody. It is also submitted that the investigation is already completed and the present application is filed after submission of the charge- sheet. Learned advocate further submits that it is alleged that the applicant was the tenant of the premises owned by the complainant, however, the applicant has illegally and unauthorizedly entered into the said premises. It is also submitted that if the Hon'ble Court would make a cursory glance upon the contents of the FIR, in that event, it would be found that the original complainant has purchased the said property in the year 1998, whereas father of the present applicant was residing in the said premises as a tenant from the year 1971 and, hence, it cannot be said that the applicant has committed alleged offences under the Land Grabbing Act. Learned advocate further submits that co-accused has been considered by this Court. Learned advocate Mr. Jasani submits that considering the role attributed to the present applicant and on the ground of principle of law of parity, the applicant may be enlarged on regular bail by imposing suitable terms and conditions.