Gujarat High Court
Himanshubhai Kantilal Rana vs State Of Gujarat on 13 October, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/17078/2023 ORDER DATED: 13/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR
BAIL - AFTER CHARGESHEET) NO. 17078 of 2023
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HIMANSHUBHAI KANTILAL RANA
Versus
STATE OF GUJARAT
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Appearance:
MR BADRISH RAJU with MR C S SHUKLA(7549) for the
Applicant(s) No. 1
MR SM SHUKLA(1192) for the Applicant(s) No. 1
PRASHANT V CHAVDA(8510) for the Respondent(s) No. 1
MR MANAN MEHTA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 13/10/2023
ORAL ORDER
1. The present Successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being No.11192011230165 of 2023 registered with Bopal Police Station, District:
Ahmedabad Rural for offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.
2. Learned advocate Mr. Badrish Raju appearing with learned advocate Mr. C.S. Shukla for the applicant pointed out to the affidavit of present applicant dated 9.10.2023, which reads Page 1 of 6 Downloaded on : Fri Oct 13 20:50:52 IST 2023 NEUTRAL CITATION R/CR.MA/17078/2023 ORDER DATED: 13/10/2023 undefined as under :-
"I Himanshu Rana son of Kantilal Rana, Aged 45 years, having address as 2, Shakshat Bunglows, Sun city, near Section- 7, South Bopal, Tal: Ghatlodiya, Ahmedabad; presently lodged at Sabarmati central jail, Ahmedabad do hereby solemnly state as under :-
1. That I am the accused number 2 in the FIR being I/11192011230165/2023 lodged before the Bopal police station, wherein inter alia it is alleged that on 14-02-
2023, a Banakhat for a land parcel being survey number 77/1, Village : Shela, in which myself and one Mr. Parag Shah are shown as purchasers and Mr. Kalidas Chauhan, Ramjibhai Kalidas Chauhan, Manubhai Kalidas Chauhan and Satishbhai Kalidas Chauhan are shown as the seller and the same has been notarized before one notary named Mr. Raghunath Desai.
2. I state that I have preferred regular bail application being Criminal Misc. Application No.17078 of 2023, before the Hon'be High Court of Gujarat.
3. I further state that till date, I have not used the above-mentioned Banakhat in transferring the said land to anyone. I further state that I do not possess the alleged Banakhat dated 14-02-2023 in any form.
4. I further state that in future, I relinquish my right and or claim which arises out of the said Banakhat dated 14- 02-2023.
5. I further state that I am filing the present affidavit without prejudice to my Page 2 of 6 Downloaded on : Fri Oct 13 20:50:52 IST 2023 NEUTRAL CITATION R/CR.MA/17078/2023 ORDER DATED: 13/10/2023 undefined rights and contentions and without any acceptance of any of the allegations and only for the purpose of the above captioned regular bail application before the Hon'ble High Court of Gujarat.
6. I say that what is stated herein in the present affidavit is true to the best of my knowledge, information and belief. I believe the same is true.
Solemnly Affirmed on 9 October 2023, at Ahmedabad.
Readover and explain to me in Gujarati language."
3. Learned advocate Mr. Badrish Raju appearing with learned advocate Mr. C.S. Shukla for the applicant pointed out to the affidavit of present applicant dated 9.10.2023 and submitted that in view of aforesaid affidavit as the applicant who is the purchaser of the land in question by virtue of allegedly forged Banakhat is relinquishing all his rights created in favour of the applicant by way of the aforesaid Banakhat and therefore, considering the aforesaid affidavit, the present applicant may be enlarged on bail.
4. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. Learned Additional Public Prosecutor appearing Page 3 of 6 Downloaded on : Fri Oct 13 20:50:52 IST 2023 NEUTRAL CITATION R/CR.MA/17078/2023 ORDER DATED: 13/10/2023 undefined on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. This Court has considered following aspects:-
(i) applicant is in jail since 28.3.2023;
(ii) investigation is over and charge- sheet is filed;
(iii) applicant has by way affidavit dated
9.10.2023 has relinquished all his rights and claims arising out of Banakhat dated 14.2.2023 which is alleged to be the forged Banakhat.
(iv) there are no past antecedents reported against the present applicant.
Page 4 of 6 Downloaded on : Fri Oct 13 20:50:52 IST 2023NEUTRAL CITATION R/CR.MA/17078/2023 ORDER DATED: 13/10/2023 undefined In the facts and circumstances of the present case, I am inclined to consider the case of the present applicant .
9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.
10. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being No.11192011230165 of 2023 registered with Bopal Police Station, District: Ahmedabad Rural on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one local surety of the like amount each 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 injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the concerned trial court; [e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
Page 5 of 6 Downloaded on : Fri Oct 13 20:50:52 IST 2023NEUTRAL CITATION R/CR.MA/17078/2023 ORDER DATED: 13/10/2023 undefined [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 the concerned trial court;
The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if they are 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 Sessions Court to delete, modify and/or relax any of the above conditions, in accordance with law.
11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(NIRZAR S. DESAI,J) Pallavi Page 6 of 6 Downloaded on : Fri Oct 13 20:50:52 IST 2023