Gujarat High Court
Bharatbhai Ishwarbhai Patel vs State Of Gujarat on 6 October, 2023
NEUTRAL CITATION
R/CR.MA/8385/2023 ORDER DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8385 of 2023
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BHARATBHAI ISHWARBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MS MATHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 06/10/2023
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.-I No.11214070221055 of 2022 registered with the Bardoli Rural Police Station, District: Surat for the offence punishable under Sections 465, 467, 468, 471, 120B and 114 of the Indian Penal Code.
2. Learned advocate Mr. Jaydeep Sindhi appearing on behalf of the applicant has submitted that the present applicant is in jail since 15.12.2022. The investigation is already completed and charge-sheet is filed by the Investigation Officer before the competent Court. It is further submitted that the role of the present applicant is very limited and he has acted bona-fidely. He has submitted that one Mahendrabhai Punjiyabhai had executed the power of attorney in favour of the present applicant and on the said document he has sold the said Page 1 of 5 Downloaded on : Sat Oct 07 20:42:54 IST 2023 NEUTRAL CITATION R/CR.MA/8385/2023 ORDER DATED: 06/10/2023 undefined property to the third party and created third party rights. It is stated in the power of attorney that Mahendrabhai is owner and occupant of the property of Survey No. 46-II, Block No. 83 and Survey No. 47. It is also submitted that in fact the possession of the said property is lying with the original land owner and the original land owner has not suffered any monitory loss. It is submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP Ms. Maithili Mehta appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the applicant is fully aware about the positions of the land, despite knowing that said land is not belonging to the executor of the power of attorney holder. Even though they have executed the document in the form of power of attorney, not only that he has sold the said property to third party. It is submitted that considering the role played by the present applicant at the time of commission of offence, the present application is required to be rejected.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. Prima-facie it is found that the offence is made by the applicant is Page 2 of 5 Downloaded on : Sat Oct 07 20:42:54 IST 2023 NEUTRAL CITATION R/CR.MA/8385/2023 ORDER DATED: 06/10/2023 undefined exclusively trible by the learned Magistrate. The signature of the present applicant as well as the original author of the power of attorney are genuine, it seems that the contents of the power of attorney are not correct one and the present applicant has entered into the agreement and believed that executor of the power of attorney is original owner of the said property and the property is lying in the name of the original owner and also the purchaser of the said property. It is found out from the record that the co-accused i.e. Imram Javed Shaikh, who is the witness of the said document, has already been released by the co-ordinate Bench of this Court. Considering the factual aspect, I am inclined to exercise the discretion in favour of the applicant.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in Page 3 of 5 Downloaded on : Sat Oct 07 20:42:54 IST 2023 NEUTRAL CITATION R/CR.MA/8385/2023 ORDER DATED: 06/10/2023 undefined connection with C.R.-I No.11214070221055 of 2022 registered with the Bardoli Rural Police Station, District: Surat, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
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10. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
11. The present application stands allowed accordingly. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI,J) SALIM/ Page 5 of 5 Downloaded on : Sat Oct 07 20:42:54 IST 2023