DHIRU POPATBHAI GAJERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP Shri Kogje waives service of rule on behalf of the respondents.

(2.) IN this application, the applicant has sought anticipatory bail. Criminal Complaint bearing I -C.R.No.27/2007 has been lodged against the applicant on 23rd March, 2007 before Kotda Sangani Police Station, inter alia, alleging that the applicant while discharging his duties as a Sarpanch had created fabricated documents and tried to snatch Government Kharaba land.

(3.) IN the complaint, the complainant has stated that the offence took place some time before 15th March, 2005. No indication has been given as to why the complaint was filed after more than two years. On this ground as well as on the ground that primarily the case of the complainant rests on documents, I find that the applicant is entitled to the order of anticipatory bail. These observations are, of course, made only for deciding this application and would have no bearing on the trial, which may proceed ultimately. In the result, this application is granted by directing that in the event of applicant being arrested pursuant to I -C.R.No.27/2007 dated 23rd March, 2007 filed before Kotda Sangani Police Station, he shall be released on bail on furnishing security of Rs.10,000/ - with one surety of like amount on conditions that applicant ;