VANRAJSINH HIRABHAI CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service. Heard learned advocate for the applicant and learned APP for the respondent- State.

(2.) This successive bail application is filed under section 439 of the Code of Criminal Procedure,1973 in respect of the offences punishable under sections 420 , 465 , 467 , 468 , 472 & 120B of the Indian Penal Code, for which FIR came to be registered at C.R.No.I 87 of 2014 with Surendranagar City Police Station. Previous bail application being Criminal Misc. Application No.20791 of 2017 came to be withdrawn by the accused after charge-sheet.

(3.) From the rival submissions, it appears that first FIR being Crime Register No.I 110 of 2010 arising out of the same cause as in the present case, was also registered against the petitioner with the same Police Station. Learned counsel for the petitioner has pointed out from the FIR being C.R.NoI-.87 of 2014 that nucleus of the offence resides in the previously registered FIR. It is submitted that post the order dated 11/02/2011 passed in Criminal Misc. Application No.15710 of 2010, Civil Suit No.75 of 2012 came to be filed with learned Principal Senior Civil Judge, Surendranagar, in connection with the subject matter of the previously filed FIR and therein certain documents were produced; signatures whereon were doubted and were alleged to be forged. Only on the ground that the said documents contained forged signature which fact is yet to be verified by the FSL as submitted by the learned Additional Public Prosecutor; it appears that on the same subject matter, present duplicate FIR came to be filed as if separate offence has taken place. It appears from the very perusal of the FIR being C.R.No.I 87 of 2014 that the alleged crime mentioned therein is inseveriably connected with earlier FIR (supra). There is no whisper in the later FIR to show that a separate offence unconnected with FIR (supra) was committed. The petitioner would therefore be entitled to bail on this ground alone. To buttress the submission that in the peculiar facts aforestated, successive bail application would be maintainable, learned counsel for the petitioner has relied upon para 10.2 of the judgement delivered by this Court in Criminal Misc. Application No.30392 of 2017 ( Altaf @ Altaf Basi S/o. Jabbar Khan Sardar Khan Pathan v. State of Gujarat ) decided on 23/03/2018, wherein this Court has issued directions as under: