Hemalbhai Arvindbhai Shah vs State Of Gujarat
2023 Latest Caselaw 7018 Guj

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     R/CR.RA/175/2015                             JUDGMENT DATED: 22/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL REVISION APPLICATION NO. 175 of 2015


FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                        HEMALBHAI ARVINDBHAI SHAH
                                  Versus
                        STATE OF GUJARAT & 1 other(s)
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Appearance:
MR HARSHIT S TOLIA(2708) for the Applicant(s) No. 1
MR PARTH S TOLIA(5617) for the Applicant(s) No. 1
MR BHAVIN S RAIYANI(3855) for the Respondent(s) No. 2
MS VRUNDA SHAH APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                              Date : 22/09/2023

                              ORAL JUDGMENT

1. This is an application filed under Section 397 read with 401

read with 439(2) of Criminal Procedure Code against the

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R/CR.RA/175/2015 JUDGMENT DATED: 22/09/2023

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judgment and order dated 25.3.2015 passed by learned 11 th (Ad-

hoc) Additional Sessions Judge, Rajkot in Criminal Misc.

Application No.376 of 2015 where the learned Court below was

pleased to release the Respondent No.2 on regular bail in

connection with the First Information Report (FIR) registered at

Gandhigram Police Station, Rajkot being I-C.R.No.57 of 2015 for

the offence punishable under Sections 465, 467, 468, 471, 472

and 120-B of the Indian Penal Code.

2. It is contended by learned advocate for the applicant that

as per the affidavit of the Investigating Officer itself, one stamp

paper was purchased on 19.2.1996, which was used to forge the

power of attorney, which was registered on 19.2.1992 i.e. before

the date of existence of stamp paper with one Notary Shri

B.P.Shukla. Learned advocate for the applicant further submitted

that during the investigation, it is found that the signature and

stamp of the said Notary, Shri B.P.Shukla is also forged and

accordingly, the forged power of attorney is created. On the

basis of the aforesaid power of attorney, Respondent No.2 has

purchased the plot and further claiming himself to be bona-fide

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purchaser. Further transaction was taken place and the said plot

was sold to another accused, namely, Punamben wife of

Ashwinbhai Patel vide sale-deed dated 26.7.2013. Learned

advocate further submitted that learned Judge while granting

regular bail had ignored the seriousness of offence by all means

and release the Respondent N.2 on regular bail even prior to

conclusion of the investigation. Learned Judge observed that

Respondent No.2 was the alleged purchaser. However, learned

Judge ignored the aspect that Power of Attorney on the basis of

plot was purchased was forged and was in connivance with

other accused. Learned advocate further submitted that without

considering the seriousness of alleged offence, the learned Court

below had released the Respondent No.2 on regular bail,

therefore, prays to cancel the bail, which was granted to

Respondent No.2 under Section 439(2) of Code of Criminal

Procedure.

3. On the other hand, learned advocate for Respondent No.2

Mr.Bhavin Raiyani, submits that the alleged offence, which is

reported after 18 years and applicant was aged 65 years when

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he was released on bail and after considering the evidence,

learned Court below released the applicant on anticipatory bail

vide an order dated 25.3.2015, and uptill now, there is no any

breach of conditions reported, therefore, no interference is

required.

4. Considering the submissions made by learned advocate for

the respective parties, it transpires that FIR was filed on

10.3.2015 for the offence of 27.2.1997, Respondent No.2 was

purchaser. Respondent No.2 was released in the year 2015 and

more than 8 years have been passed as of now and there was no

any breach of conditions reported either by the learned APP or

by learned advocate for the applicant.

5. In view of the above, the present application stands

disposed of as dismissed. Rule discharged.

(M. K. THAKKER,J) ASHISH M. GADHIYA