HAJI MOHAMMEDBHAI AHMEDBHAI SUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate for the applicants submits that the allegation against the present applicant is that by submitting forged and fabricated death certificate and other documents of his complainant wife and other family members, he has transferred the land in question in his name. The complainant wife has also filed revision being Revision Application No.136/2016- 16 before the learned Collector, Bhavnagar, for setting aside the order passed by the Deputy Collector, Bhavnagar, in City Survey Appeal No.Esta/City Survey/Case No.71/2013-14 and to restore the possession of the land in question in their favour.

(2.) Learned advocate for the applicant further submits that now the investigation is over and charge- sheet is submitted and the relevant documentary evidence have been seized by the Investigating Officer, and therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is aged about 60 years and he is not keeping good health and he was treated in the Ahmedabad Civil Hospital through jail.

(3.) Learned advocate for the applicant, upon instructions, submits that the applicant is ready and willing to co-operate in the revision proceedings, which are filed by the complainant wife and her brother before the Revisional Authority i.e. Collector, Bhavnagar, and give his no objection/consent for cancellation/setting aside the the order passed by the Deputy Collector, Bhavnagar, in City Survey Appeal No.Esta/City Survey/Case No.71/2013-14 and restore the possession of the land in favour of his wife and brother-in-law, which was prevailing in 2003. It is further submitted that the applicant is ready and willing to file undertaking to this effect before the concerned trial Court at the time of executing bail bond and he will see to it that the entire exercise for restoration of the land will be over within a period of two months from the date of his release. It is further submitted that the applicant has also settled the case with the complainant wife and brother-in-law outside the Court and the applicant has assured that he will take required steps for restoration of the land belonging to the complainant wife and her family members.