Gujarat High Court
Sunil Babubhai Patel vs State Of Gujarat & 2 on 13 April, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/7450/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 7450 of 2017
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SUNIL BABUBHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR ADIL R MIRZA, ADVOCATE for the Applicant(s) No. 1
DELETED for the Respondent(s) No. 3
MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED for the Respondent(s) No. 3
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 13/04/2017
ORAL ORDER
1. Heard Mr. Adil Mirza, learned advocate, for the applicant and learned APP, for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 226/2016 with Valsad Rural Police Station for the offences punishable under Sections 465, 467, 468, 471, 120-B, 201 of the IPC and uls 3(2)(va) and 3(1)(fb)
(d) of the Atrocities Act.
2.1 The gist of the case is that on 30.9.2016, a telephone call was received by the husband of the first informant, namely, Nileshbhai from one Maheshbhai Shah, resident of Vapi, who Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri Apr 14 02:30:08 IST 2017 R/CR.MA/7450/2017 ORDER informed that an attempt was being made to post the mutation entry with regard to land bearing Khata No.462, Survey/Block No.678/B situated at village Jujva and was further inquired as to whether the first informant was alive or not. It was further informed that Shakuntalaben is his wife and she is alive. The first informant further states that in spite of the fact that the first informant is alive, some persons have tried to post the entry with a view to usurp the land of the first informant and therefore, the doubt was created. The husband of the first informant informed the same to her nephew, namely, Birjubhai as regards talk with Maheshbhai and also informed him about the reality of the offence of the Mamlatdar. Said Birjubhai inquired from Mohanbhai, who is serving with the office of the Dy. Collector, Valsad and came to know that one person, namely, Sunil Patel i.e. present applicant had made an application stating that the owner of the land i.e. the first informant had expired and therefore, his name may be entered into the record of rights. Birjubhai along with Maheshbhai verified the documents produced by the present applicant with the Mamlatdar office and found that the death certificate of Shakuntalaben along with the Will executed on Rs.100/- stamp paper and an affidavit of Pedhinama were produced. The said documents were produced by Sunil Patel and the said documents were procured by Birjubhai and the same was informed to the husband of the first informant. The first informant and her husband therefore, came at Valsad and showed the false documents produced by the present applicant for posting of the said entry and upon perusal, it was found that the death certificate of Shakuntalaben and Will were produced in spite of the fact that Shakuntalaben i.e. the first informant was Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri Apr 14 02:30:08 IST 2017 R/CR.MA/7450/2017 ORDER alive. The signature of Shakuntalaben was forged and the witnesses on the said Will were one Ramesh Bhikhu Patel and Hemal Magan Patel. Both the two witnesses have helped the present applicant in creating the forged documents i.e. Will. Hence, present FIR.
3. Learned advocate Mr. Adil Mirza, upon instructions of Mr. Dharmesh Patel, brother-in-law of the applicant, states at bar that upon release, the applicant would file an undertaking on oath at the time of execution of bail bond to the effect that the applicant would not claim any right, title and interest over the land bearing survey No.462, Block No.678/B situated at village Jujva,Tal & Dist: Valsad. In view of the such undertaking and in view of the fact that all relevant documentary evidence is in custody of the investigating agency and further, two co-accused persons are enlarged on bail, on the ground of parity, present application deserves consideration.
4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 226/2016 with Valsad Rural Police Station, on executing a bond of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
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R/CR.MA/7450/2017 ORDER
[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
[f] file an undertaking on oath at the time of execution of bail bond to the effect that the applicant would not claim any right, title and interest over the land bearing survey No.462, Block No.678/B situated at village Jujva,Tal & Dist: Valsad.
5. The competent authority will release the applicant only if the applicant 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 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. 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.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
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