MALDEV RAMUBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is an accused of an FIR being C.R. No.11191008250294/2025 registered with Chandkheda Police Station for the offences under Ss. 406 , 420 , 467 , 468 and 114 of the Indian Penal Code.

(2.) Heard learned advocate, Mr. Salim Saiyed for the applicant, learned APP Mr. Niraj Sharma for the respondent - State of Gujarat and learned advocate, Mr. Rajan Patel for the original complainant.

(3.) Learned advocate submitted that FIR is lodged against total 3 accused persons, wherein the applicant is shown as accused no.3, however except the present applicant, other accused has already been arrested and, thereafter, released on bail. He submitted that it is the case of the complainant that all three accused, in connivance with each other, have hatched conspiracy to cheat the complainant and under the guise of execution of the sale deed in his favuor, Rs.51,00,000.00 have been taken from the complainant and after receiving the said amount, for one reason or other, they were evading to execute the sale deed and, thereafter, the accused have stopped picking up the calls of the complainant and on demand of it, one of the accused had issued cheque to the complainant and when the said cheque was deposited by the complainant, it was dishonoured, therefore, the proceedings under the provision of the NI Act have been instituted, copies of such documents are produced on record and, thereafter, the aforesaid FIR has been lodged. He submitted that the serious allegations leveled against the accused is that they have shown one power of attorney purportedly prepared by the original land owner and on the strength of it, the accused have given assurance to sale the land in his favour, however, all those documents have already been collected by the Investigating Officer during the course of investigation, therefore, now custodial interrogation of the applicant is not required and all the offences are exclusively triable by the Court of Magistrate. Thus making above submissions, it is urged that the applicant may be enlarged on anticipatory bail as considering the nature of allegations, custodial interrogation at this stage is not necessary an the applicant will keep himself available during the course of investigation, trial also and will not flee from justice and is ready and willing to abide by all the conditions including imposition of conditions while releasing the applicant on anticipatory bail.