NISHANT VASUDEV THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I - 18 of 2019 registered with Bhuj City 'A' Division Police Station, Kutch-West Bhuj for the offenses punishable under Sections 465, 467, 468, 469, 471, 406, 420 and 114 of the Indian Penal Code.

(2.) The FIR being C.R.No.I-18 of 2019 has been registered against the applicant and others in which it has been mainly stated that one Patel Dhansukhlal Harjibhai Limbani was resident of Muscat since last many years and he is a friend of the complainant. The land bearing survey no.30 admeasuring H.1-20Are was jointly owned by Dhansukhlal and son of the comlainant viz.Manish Ambalal Padmani. Similarly, the land bearing revenue survey no.173 paiki 13 admeasuring H.1-0 Are was also of the joint ownership of the aforesaid persons. It is alleged that the power of attorney of Dhansukhlal has been forged on 17.5.2003 in favour of one Vasudev Ramdas Thakkar. In fact, the said Dhansukhlal was not present in India on the said date. The said Vasudev thereafter executed the sale deed in favour of his son Nishant Vasudev Thakkar on 5.6.2009. However, the said sale deed was registered in the year 2013. It is also stated that the said Nishant Thakkar filed Special Civil Suit No.140 of 2015 in the concerned civil Court. Thus, in the FIR, mainly it has been alleged that on the basis of the forged power of attorney of Dhansukhlal, the transaction with regard to the land in question has been entered into and thereby the accused have committed the alleged offences.

(3.) In connection with the said FIR, the applicant filed the application for anticipatory bail being Criminal Miscellaneous Application No.150 of 2019 which was rejected by the learned 4th Additional Sessions Court, Bhuj-Kutch vide order dated 2.3.2019 and therefore this application is preferred before this Court.