Gujarat High Court
Karshanbhai Madhabhai Luni vs State Of Gujarat on 9 August, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/9920/2021 ORDER DATED: 09/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9920 of 2021
==========================================================
KARSHANBHAI MADHABHAI LUNI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 09/08/2021
ORAL ORDER
1. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.
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. 11192030210036 of 2021 with Kanbha Police Station for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120(B) of the IPC and u/s 3, 4(1), 4(3), 5(a), 5(b) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act.
3. Heard and examined the papers placed for consideration in support of the submission made at bar.
4. Upon hearing submission, following picture emerges on record :-
(i) Charge sheet is filed. Page 1 of 4 Downloaded on : Tue Aug 10 08:08:05 IST 2021 R/CR.MA/9920/2021 ORDER DATED: 09/08/2021 (ii) It appears that sale deed No.3922 of 2019 in favour of the present applicant is challenged by the
complainant being Special Civil Suit No.26 of 2020, whereas, the complainant has not challenged the sale deed executed by the present applicant in favour of subsequent purchasers, namely, Mr. Mavjibhai and Mr. Babubhai, sold on 30.1.2020. The sale deed executed by the applicant in favour of said two subsequent purchasers is not challenged by the complainant with respect to subject land of the FIR.
(iii) Learned APP states at bar that there are two antecedents registered against the applicant. However, considering the facts and circumstances of the case, the issue of pendency of other offences against the applicant becomes insignificant and irrelevant aspect to be considered, as the Court is required to consider present bail application only on the facts and circumstances of the present case.
(iv) The alleged offence provides maximum punishment to 10 years, which may extend to 14 years.
(v) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(vi) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. Page 2 of 4 Downloaded on : Tue Aug 10 08:08:05 IST 2021 R/CR.MA/9920/2021 ORDER DATED: 09/08/2021 11192030210036 of 2021 with Kanbha Police Station, on executing a bond of Rs.10,000/-(Rupees Ten 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;
[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;
6. 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 Page 3 of 4 Downloaded on : Tue Aug 10 08:08:05 IST 2021 R/CR.MA/9920/2021 ORDER DATED: 09/08/2021 bail.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 4 of 4 Downloaded on : Tue Aug 10 08:08:05 IST 2021