LAWS(GJH)-2016-2-39

PATEL PRADIPBHAI RATILAL Vs. STATE OF GUJARAT

Decided On February 11, 2016
Patel Pradipbhai Ratilal Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Learned advocate Mr. Alok Thakkar appears for Mr. Nilay Suchak and Shivang Ramani for the applicant.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 229 of 2015 with "B" Division Police Station, Mehsana for the offenses punishable under Sections 406, 420 and 114 of the Indian Penal Code.

(3.) Learned advocate Mr. Thakkar appearing for the applicant has drawn attention of the Court to the order dated 3.12.2015 passed by the coordinate Bench of this Court in Criminal Misc. Application No.22972 of 2015 which is filed by the co - accused i.e. Pravinbhai Natvarlal Thakkar for quashing of the complaint and submitted that the applicant of the above mentioned petition is the proprietor of the land and he himself had appeared in the matter and has made a statement that he is ready and willing to hand over possession of the plot in question and if the complainant is not ready to take possession of the plot, then the amount which has been paid so far by the complainant would be returned returned with the principal amount. He further submitted that the applicant is also ready and willing to sign any document with regard to the handing over the possession of the plot in question and shall cooperate with the investigation as well as to help / assist the co -accused, namely, Pravin Natvarlal Thakkar with regard to the disputed property.