LALLUBHAI ISHWARBHAI VALAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate for the applicants at the outset submits that, the three co-accused namely Kanchanben, Maniben and Sumitraben have been englarged on anticipatory bail by the Co-ordinate Bench vide order dtd. 30/10/2025 passed in CR.MA No. 22548/2025. The roles attributed to the present applicants are akin to those three lady co-accused, who have been granted anticipatory bail. Further, learned advocate for the applilcants also submits that, a Civil Suit is already pending between the parties since the year 2017. Learned advocate for the applicants, in furtherance of his oral arguments has relied upon the judgment of this Court in the case of Gulabbhai Manibhai Desai & Ors. Vs State of Gujarat in CR.MA No. 13221 of 2015 and has submitted that the said ratio would squarely be applicable to the case on hand.

(2.) Learned APP Mr. Tirthraj Pandya for the respondent-State, has strongly opposed this application by submitting that the female co-accused were granted bail by the Co-ordinate Bench as having been considered that they have not played any active role in the alleged offence. According to Mr. Pandya another aspect as regards the death certificate of Ambalal Ghelabhai, also requires investigation since there are two different death certificates of different dates being registered with different Gram Panchayats. However, considering the fact that the Co-ordinate Bench has considered the allegations against the female accused along with the present applicants and in light of the ratio laid down by this Court in the case of Gulabbhai Manibhai Desai (supra), learned advocate Mr. Chakwawala has submitted that, the applicants are ready and willing to co-operate with the Investigating Officer and that they shall remain present, as and when, they are called for.

(3.) Accordingly, the applicants are directed to remain present before the Investigating Officer at Kathlal Police Station, Kheda on 25/11/2025 at 11.00 AM.