NAVINBHAI KESHAVBHAI LAAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-88 of 2017 with Limbayat Police Station for the offence punishable under Sections 406, 420, 467, 468, 471, 120(b), 114 and 34 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the dispute pertains to revenue survey No.139 of village Godadara, Surat. The survey Nos.138 and 140 are two survey numbers, which are adjacent to survey No.139. Survey Nos.138 and 140 are the lands belonging to the family of applicant, whereas, survey No.139 pertains to family of the complainant. It is submitted that the applicant has entered into an agreement with the accused No.1 builder alongwith the co-owners of the said land insofar as the land belonging to the applicant is concerned. It is submitted that the FIR is filed with an oblique motive to receive more money from the developer and therefore, though the applicant and his family were entitled to deal with survey Nos.138 and 140, unnecessarily cloud is raised on their title by involving their lands alongwith land of the complainant being survey No.139. It is submitted that in fact the father of the complainant way back in the year 1989 onwards had disposed of the land survey No. 139 and since then, even construction is being put up on such land since 1990, which is very much in the notice of the complainant herself as she is the resident of the same area. However, for all these many years where stage-wise development of the land was taking place, the complainant has never objected. It is submitted that on the lands bearing survey Nos.138, 139 and 140, three residential societies namely Roshni Nagar, Khodiyar Nagar-1 and Khodiyar Nagar- 2 are very much in existence. It is submitted that the documents have been executed for transaction of the land as per the system prevailing in Surat and the same have been transacted after plotting ad putting up construction and now the applicant is sought to be arraigned as an accused as the applicant has signed certain documents in favour of the developer. It is submitted that to claim the right in the survey No.139, the applicant has so far not filed any civil proceedings or revenue proceedings, but straightway filed a Criminal Case though the dispute sought to be raised pertains to land and is civil in nature. He lastly submitted that the applicant is a senior citizen aged about 61 years and considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed the grant of this application by drawing attention to the documents placed on record, which were recovered during the course of investigation. It is submitted that the basic document of power of attorney prima-facie appears to be forged and it has bear the signature of a person, who has already expired. It is submitted that the investigation is at a very nascent stage and out of the several accused, only two accused have been apprehended. He submitted that if this application is considered, then the co-accused would stand bonafide and thereby hampering the smooth investigation.