SADIK @ GHOGHAMBAWALA ABDUL GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive bail application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-181/2017 registered with Halol Town Police Station, Panchmahal for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code.

(2.) Heard learned counsel for the applicant as well as learned Additional Public Prosecutor For the Respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that other similarly situated co-accused-Kiran @ Tino Jaswantsinh Parmar is released on bail as per the order dated 27.04.2018 passed by this Court in Criminal Misc. Application No.7243/2018. It is further submitted that the role attributed to the present applicant is that he has participated in the alleged offences in the capacity of broker. Original accused no.1-Sunil Mahendrabhai Mehta is the main accused, but co-accused Kiran @ Tino Jaswantsinh Parmar was in possession of the land in question and he was released on bail by imposing certain conditions, wherein one of the conditions was that the said applicant shall take necessary steps for cancellation of sale deed within two months from the date of his release. It is further submitted that the undertaking to this effect shall be also filed before the concerned Trial Court. It is further submitted that the role of the present applicant is less graver than the role of the other co-accused. However, the present applicant shall also file an undertaking before the concerned Trial Court that he will cooperate and assist co-accused Kiran @ Tino Jaswantsinh Parmar, who is enlarged on bail by this Court for cancellation of sale deed. It is further submitted that from the other chargesheet papers as well as the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant is not having any criminal antecedent and is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Panchmahal and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.