RATHOD IMRANBHAI ISHMAILBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. L.B. Dabhi waives service of rule on behalf of respondent - State of Gujarat.

(2.) By way of present application under Section-439(1)(b) of the Code of Criminal Procedure, 1973, applicant has prayed following relief in paragraph-9(B):

(3.) Heard the submissions made at bar. It appears that the learned Additional Sessions Judge considering the order passed in Criminal Misc. Application Nos. 17226 of 2017 and 16883 of 2017 in the matter of co-accused persons namely Mr. Bharatbhai Parsottambhai Prajapati and Mr. Usmanbhai Jitubhai Parmar, directed present applicant to deposit sum of Rs. 5,50,000/- and also to furnish surety as per order passed in Criminal Misc. Application No. 2680 of 2017. The sum and substance of the FIR is that certain persons had some information regarding a parcel of land bearing Survey No. 14, 109 and 120. That the persons identified themselves as Mr. Rajubhai Parmar, who was acting as a broker/dalal and Mr. Baladniya Ghusabhai Bhikhabhai, who was the owner of the said parcel of the land. That the said parcel of the land was agreed to be sold to Mr. Naginbhai Ambalal Patel for which Rs. 2,00,000/- was handed over as a token amount to Mr. Baladniya Ghusabhai Bhikhabhai. That banakhat was executed at one Mr. Altafbhai Rangrej's farm on 15.11.2016 for which a sum of Rs. 20,00,000/- was handed over to Mr. Rajubhai Chandrasinh and Mr. Baladniya Ghusabhai Bhikhabhai. That the said banakhat was signed by witnesses Mr. Rajubhai Chandrasinh, Mr. Imran Rathod and one Mr. Tusharbhai who was purchaser's friend. That two days after the said banakhat, the purchaser came to know about the forging of the election ID card of Baladniya Ghusabhai Bhikhabhai, the owner of the said land and thus, came to his knowledge that he had been duped of the said amount by the person identifying himself as Rajubhai Parmar who was actually Mr. Usmanbhai Jitubhai Parmar and the other person couldn't be identified by his actual name.