HITESHBHAI DHIRUBHAI AKBARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-44 of 2019 registered with Athwalines Police Station, District Surat City, for offence under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

(2.) Heard Mr.Yogesh Lakhani, learned Senior Advocate, assisted by Mr.Hardik A. Dave, learned advocate for the applicant, Mr.L.B. Dabhi, learned Additional Public Prosecutor for the respondent State and Mr.R.R. Marshall, learned Senior Advocate, assisted by Mr.Kishan H. Daiya, learned advocate for the original first informant.

(3.) It has been mainly alleged in the FIR that original first informant is having ancestral land bearing Survey Nos.27/1, 39 and Block No.44 situated in the sim of Village Dumbhal and for the said land, the first informant has executed one Power of Attorney in favour of one Meghabhai Bharwad on 18.01.2008, however, the said Power of Attorney has been cancelled by him on 14.03.2013. It is alleged that keeping the first informant in dark, the applicant and other co-accused have hatched a conspiracy and introduced the first informant with other builders and gave attractive offers to settle the dispute. It is alleged that on gaining confidence of the first informant, for the Plot Nos.13 and 14 for which the dispute is going on with the builder, the complainant was asked to put signature on five different receipts for an amount of Rs.1,00,000/- each in favour of the applicant, however, those receipts were forged by the said accused by mentioning the details of land bearing Survey Nos.27/1, 39 and Block No.44 situated in the sim of Village Dumbhal and Rs.5,00,000/- instead of Rs.1,00,000/-. It is also alleged that thereafter, on the basis of the Power of Attorney executed in favour of Meghabhai Bharwad, Agreement to Sell came to be executed for the aforesaid land for an amount of Rs.91,00,000/- and on the basis of the Agreement to Sell, Sale Deed also came to be executed before the Sub-Registrar on 09.11.2012. It is alleged that for the period between 23.07.2018 to 29.08.2018, the first informant was at America and during that period, the accused have deposited the cheques mentioned in the Sale Deed in their accounts. It is alleged that after a period of six years, when the accused have tried to mutate their names, notice under Section 135(D) was served upon the first informant. However, some blank papers were found. When the first informant made an inquiry, it came to the notice that name of the applicant was mutated in place of names of the first informant and his father. Thus, it is alleged that the accused in connivance with each other have tried to grab the valuable land of the first informant and, therefore, the first informant has registered the FIR.