RAUFBHAI IQBALBHAI BOMBAYWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.N.D.Nanavati, learned Senior counsel with Mr.Hardik A. Dave, learned counsel for the applicants, Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent No.1 -State and Ms.Kurit M. Shah, learned counsel for respondent No.2 - original complainant.

(2.) By way of present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants have prayed for anticipatory bail in case of their arrest in connection with the FIR being C.R.No.I -18 of 2016 registered with Chowkbazar Police Station, Surat, for the offences punishable under Sections 306, 384, 506(2) and 114 of the Indian Penal Code, 1860.

(3.) It is the case of the prosecution as per the FIR, which is filed by son of the deceased, that the transaction took place between one Alangbai Yusufbhai Motaliya and father of the complainant for consideration of Rs.28,00,000/ - in the year 2003. As described in the FIR, the property in question seems to be Wakf property. The father of the complainant had established power looms in the said property upto the year 2009 and thereafter, due to loss in the said business, it was sold out. It further appears that one Aarif Ismail Sopariwala and applicant No.1 in particular entered into transaction with the father of the complainant, who was in fact a tenant of the property in question and they constructed a complex in the said land in question namely 'Rahab Palace'. FIR further indicates that in the said complex, total 54 flats and 7 shops have been constructed, out of which 32 to 35 flats and 5 shops have already been sold. It further appears that somewhere in the year 2014, the complainant and his father did not receive the remaining amount, which was agreed to be paid, which has also resulted into filing of suit being Regular Civil Suit No.541 of 2015, which is pending before the Competent Civil Court at Surat.