MOTIBHAI CHEHORBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant No.2 has prayed to release him on bail in case of his arrest in connection with the FIR being I-CR NO. 138 of 2016 registered with Nikol Police Station, for the offences punishable under Sections 365, 467, 468, 471, 323, 120B, 506(2) and 114 of the Indian Penal Code.

(2.) Learned Advocate Mr. Dagli at the outset states that the applicant No.1 has passed away pending the application. The application is thus being considered for applicant No.2. Mr. Dagli submitted that the applicant No.2 is falsely involved in the offence as alleged in the F.I.R as he is not alleged to have taken any part for making any document by forcing the complainant for his land. Mr. Dagli submitted that the F.I.R is also lodged after a delay of about three months from the date of alleged incident, and therefore, the applicant No.2 namely Prakash @ Pako Maljibhai Thakore deserves to be released on anticipatory bail by this Court.

(3.) Learned APP Mr. Soni on the other hand submitted that not only the informant has stated in the F.I.R that the applicant no.2 was responsible to call him at the place of incident, but he was part of the conspiracy in forcibly getting the documents signed and executed for his land, and since the matter is at the investigation stage, the Court may not exercise the discretion in favour of the applicant no.2 at this stage under section 438 of the Code.