DHARMESH MULJIBHAI RANPARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor Soni waives service of Rule on behalf of the respondent-State of Gujarat. Learned advocate Mr. Premal Ranchh appears for the complainant.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicants have prayed to release them on bail in case of their arrest in connection with the FIR being C.R. No.I-135 of 2016 registered with City C- Division Police Station, Jamnagar, for the offences punishable under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal Code.

(3.) Learned advocate Mr. Shah for the applicants submitted that the applicants are not named in the FIR and they are not alleged to have played any role in the matter of making the false document of power of attorney or in any manner conspired with other accused to defraud the complainant. Mr. Shah submitted that the applicants are sought to be involved simply on the ground that they are relative of main accused Mr. Jayesh Patel. He submitted that the applicants are not alleged to have taken any benefit by getting the sale deed executed on the basis of alleged forged power of attorney. They are not in any way connected with execution of the sale deed and therefore, this Court may exercise the powers under Section 438 of the Code in favour of the applicants.