(1.) The first captioned application is filed by the applicant seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 whereas the second captioned application is by seven applicants who seek to join as parties in the anticipatory bail application.
(2.) In the facts and circumstances of the case, Rule in Criminal Miscellaneous Application No.396 of 2017, returnable forthwith. Learned Additional Public Prosecutor Mr.Ronak Raval waives service of notice of Rule on behalf of the first respondent-State.
(3.) Four persons are shown as accused in the First Information Report in question, who are in capacity of partners of a housing scheme in the name of Shree Laxmi Balaji Status. The offence was alleged to have been committed during the period somewhere in January, 2010. It was stated in the F.I.R. filed in the year 2016 that before five years, near Adalaj, said partnership firm floated a scheme. The first informant stated that they had visited scheme at the site with her husband as well as uncle, the uncle staying at Canada. They decided to book and purchase Flat No.103 in the first floor of Block 'C', for which total price of Rs.19.00 lakhs was decided. The complainant stated that accused persons promised that Block 'C' would be constructed and the possession of the flat booked by them would be handed over. Towards earnest money, Rs.02,50,000/- was paid in cash on 02nd January, 2010 for which receipt was given. Thereafter, Rs.07,50,000/- were also given in cash.