Gujarat High Court
Akil Mohammed Gulam Gose Malam vs State Of Gujarat on 6 October, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/14606/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 14606 of 2017
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AKIL MOHAMMED GULAM GOSE MALAM....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR NK MAJMUDAR, ADVOCATE for the Applicant(s) No. 1
MR TEJAS P SATTA, ADVOCATE for the Original Complainant
MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 06/10/2017
ORAL ORDER
1. Heard Mr. NK Majmudar, learned advocate, for the applicant, learned advocate Mr. Satta for the complainant and learned APP for the respondent-State.
2. This successive bail 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 - 19/2017 with Rander Police Station for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471, 120B, 384, 504, 506(2) of the IPC.
3. Considering the submissions made at bar, it requires to be noted that the disputed Soda Chitthi dated 2.7.2016 was sent to the FSL for its examination and the same is examined Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Oct 07 04:00:43 IST 2017 R/CR.MA/14606/2017 ORDER by the competent authority at Gandhinagar. Reports are made available to the Court. The finding of report dated 18.9.2017 reads as under:
"Resultant upon a careful and thorough examination of the disputed document Soda Chitthi, marked B with necessary scientific aids like Magnifying lenses, Stereo Microscope, Docucenter Nirvis, the observations are as under:
1.The Physical parameters of disputed marked B are of the Length: 34.5 cm, the Breadth, 21.4 cm, the thickness: 0.11 mm.
2. The disputed document marked B is in Gujarati fonts, the size of the font of printed matter is unusually small so that the entire matter is covered in single page.
3. The staple pin holes marked C1 to C7 on left margin, and staple pin holes C8 to C10 on right margin are found at unusual places.
4. The notary seal impressions marked E2, E4 to E6 have expiry date 8.6.2016 while on rest of pages, the notary seal impressions marked E8 to E11 have expiry date 8.6.2021 and Document is executed on 2.7.2016.
5. The photo marked F1 and F2 show Notary seal impressions marked E1 and E2 on them while photo marked F3 and F4 do not show notary seal impressions marked E3 and E4 on them but their mirror images are observed on opposite page at marked E3/1 and E4/1 respectively."
4. It is relevant to note that the applicant made an attempt to see that original Soda Chitthi is not seized by the investigating agency during the course of investigation and pending investigation, the applicant filed Special Civil Suit No.101 of 2017 and produced original Soda Chitthi before the Civil Court. At the relevant time, the Court was required to pass order on 24.7.2017, which reads as under:
"Learned advocate for the applicant is permitted to place typed copy of F.I.R with the Registry.
Learned APP states at Bar that the original soda chitthi dated 02.07.2016 has been produced by the applicant in civil litigation being Special Civil Suit No. 101 of 2017 pending before learned Principal Senior Civil Judge, Surat.
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R/CR.MA/14606/2017 ORDER
Because of production of said original soda chitthi which is subject matter of FIR being C.R. No. I 19/2017, the investigating agency could not obtain the said soda chitthi for its examination by F.S.L. Learned APP states at Bar that the investigating agency will undertake exercise to get original soda chitthi before the competent civil court by way of appropriate application and would transmit the original soda chitthi for its F.S.L. Examination as expeditiously as possible. Learned advocates appearing for the respective parties states at Bar that they would co- operate learned Trial Judge in obtaining original soda chitthi through investigating agency for its examination through F.S.L. In light of this position, learned APP is directed to see that the original soda chitthi dated 02.07.2016 is obtained from the trial court as early as possible and obtain F.S.L. Report on or before 04.08.2017.
Stand over to 08.08.2017."
5. Looking to the opinion expressed by the hand writing expert on 30.8.2017, there is a clear finding that writings were so arranged or written, so that entire matter is covered in a single page. Further, the notary seal impressions were not found or put in its natural manner. Not only that, the seal impressions of Soda Chitthi showed different expiry dates of licence i.e. 8.6.2016 and 8.6.2021.
6. The investigating agency also places on record the fact that the applicant is involved in such kind of offences in past and details thereof are narrated in para 8 of the affidavit dated 9.7.2017, annexed at page No.48.
7. Thus, looking to the modus operendi adopted by the applicant and past conduct, it appears that systematic fraud is designed to grab the land worth crores of rupees and therefore, now the submission that the matter involves civil dispute cannot be accepted, because the transaction in dispute is not an actual transaction, but prima facie, after Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Oct 07 04:00:43 IST 2017 R/CR.MA/14606/2017 ORDER executing fraud document, the applicant has approached the civil Court for specific performance of the Soda Chitthi in question.
8. In view of the totality and facts and circumstances of the case and the past conduct of the applicant, the Court is not inclined to entertain present application and therefore, it is hereby rejected. Rule discharged.
9. It is clarified that the findings recorded by this Court while rejecting this bail application shall be considered as tentative findings for deciding bail application and therefore, it shall not come in the way of the applicant in the trial. Direct service permitted.
(S.H.VORA, J.) shekhar Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Oct 07 04:00:43 IST 2017