BALUBHAI SAMATBHAI DEVGANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I-116 of 2011 registered with Navsari Rural Police Station, Navsari for the offences punishable under Sections 447, 114, 465, 467, 468, 471, 193 and 196 of the Indian Penal Code.

(2.) It is the case of the prosecution that one M/s.Meghdoot Dyeing and Printing Mills Ltd. (hereinafter referred to as the said Mill) and its Director availed the loan facility from the State Bank of India (hereinafter referred to as the SBI) in the year 1973. In pursuance of the same, the land, which comprised of different Survey Numbers, had been hypothecated with the SBI on July 26, 1973. 2.1 Since the said loan remained unpaid, the SBI filed a suit for recovery of dues of approximately Rs. 85 lakh. During the pendency of the suit, one Shiv Land Developers was desirous of purchasing the plant and machinery; and an offer was submitted to the SBI by the co-accused Nandlal Kalabhai Pandav, which was presented before the Debts Recovery Tribunal. Even the consent terms came to be arrived at before the Debts Recovery Tribunal for sale consideration of Rs. 85 lakh qua the same.

(3.) A fortiori, Shri S.V. Raju, learned Senior Counsel appearing with learned counsel Shri Harshit Tolia and Ms.Samta Godiwala for the applicant, has urged that the applicant is one of the partners of total nine partners of Shiv Land Developers. He has urged that the criminal trespass which is alleged against his was of the year 1999. The first information report was lodged in the year 2011 and, therefore, this belated first information report itself would entitle them the discretionary relief of regular bail in his favour.