NISHIT @ MUNNO PETHALJIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr S.P. Hasurkar, learned APP waives service of notice of Rule on behalf of respondent-State. Mr T.S. Nanavati with Mr Ajay S. Jagirdar, learned advocate is permitted to file Vakalatnama on behalf of the complainant only for the limited purpose to assist the Addl. Public Prosecutor.

(2.) Complainant, Pravinbhai Talakshibhai Kotak has lodged a complaint before P.S.O., Navrangpura police station, Ahmedabad for offences punishable under sections 452, 294 (b), 506 (2), 507 read with 114 of Indian Penal Code ( SIPC for short) and under section 25 (1-B)(a) of the Arms Act. The present applicant is apprehending arrest in connection with C.R. No. I-693 of 2007 registered before Navrangpura police station for the aforesaid offences and, therefore, the applicant has filed this application under section 438 of the Code of Criminal Procedure, 1973 for Anticipatory Bail.

(3.) It is alleged in the complaint that the complainant is carrying on business of construction and he is having his office at ISCON Mall situated at C.G. Road. As per the complaint, the complainant and accused Nishit Chavda are having business relation since 1996 and there was understanding with regard to sale of 84 vighas of lands situated at Nidhrad, Taluka Sanand. Accordingly, transaction of 67 vighas of lands has taken place. For the remaining 17 vighas of land, sale deed could not be executed due to shortage of money.