Gujarat High Court
Madhuben W/O Kanjibhai Kunjadiya And ... vs State Of Gujarat on 1 May, 2024
NEUTRAL CITATION
R/CR.MA/7302/2024 ORDER DATED: 01/05/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
7302 of 2024
With
R/CRIMINAL MISC.APPLICATION NO. 7317 of 2024
With
R/CRIMINAL MISC.APPLICATION NO. 7660 of 2024
==========================================================
MADHUBEN W/O KANJIBHAI KUNJADIYA AND D/O GAGJIBHAI
BHIMJIBHAI SUTARIYA (PATEL)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS POONAM M MAHETA(11265) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/05/2024
ORAL ORDER
1. By way of the present petitions under Section 439(2) of the
Code of Criminal Procedure, 1973, the petitioner has prayed to
quash and set aside the order passed by the concerned learned
Sessions Court, whereby the learned Session Judge has granted
bail to the respondents - original accused.
2. Heard learned advocate for the petitioner.
3. Learned advocate for the petitioner would submit that
Gagjibhai, who was the forefather of the petitioner died on
11.2.2001, but his statement was recorded in the year 2005 by
the revenue authorities to mutate the revenue entry in name of
NEUTRAL CITATION
R/CR.MA/7302/2024 ORDER DATED: 01/05/2024
undefined
Savershwar Developers. So, prima facie, some fraud took place
in the transaction is visible. She would further submit that out
of the accused, accused Mr. Ghanshyambhai is the kingpin. She
would further submit that the accused No.6, who has brought
the disputed land to the partnership firm, namely, Savershwar
Developers was a partner of upto 3% only and he has done so at
the instance of the accused Ghanshyambhai and later on, he
relinquished his share from the partnership firm. So, it was
Ghanshyambhai who was seeking the disputed land by hook or
crook and has succeeded in obtaining it by forging documentary
evidence and therefore, the bail granted to the respondents
accused may be cancelled.
4. In Bhagwan Singh v Dilip Kumar @ Deepu @ Depak
reported in 2023 INSC 7613, this Court after considering
judgment in case of Dolat Ram v State of Haryana, (1995) 1 SCC
349; Kashmira Singh v Duman Singh, (1996) 4 SCC 693 and X v
State of Telangana, (2018) 16 SCC 511, held as follows:
'13. It is also required to be borne in mind that when a prayer is
made for the cancellation of grant of bail cogent and
overwhelming circumstances must be present and bail once
granted cannot be cancelled in a mechanical manner without
considering whether any supervening circumstances have
rendered it in conducing to allow fair trial. This proposition draws
support from the Judgment of this Court in Daulat Ram and
others v. State of Haryana reported in (1995) 1 SCC 349,
Kashmira Singh v. Duman Singh (1996) 4 SCC 693 and xxx v.
State of Telangana (2018) 16 SCC 511.'
5. Thus, this Court finds no circumstances to adjudge the
impugned order as unjust and contrary to the settled principles
of law. As held earlier, the petitioner has failed to point out
NEUTRAL CITATION
R/CR.MA/7302/2024 ORDER DATED: 01/05/2024
undefined
supervening circumstances, which may interfere with the fair
trial.
6. Before parting with the order, I may also refer the
observations made in the recent decision by the Hon'ble Apex
Court in case of Kekhriesatuo Tep and others Vs.National
Investigating Agency reported in (2023) 6 SCC 58. The relevant
observation made in para 20 reads as under:-
"20. An interference by an Appellate Court and particularly in a
matter when liberty granted to a citizen was being taken away
would be warranted only in the event the view taken by the Trial
Court was either perverse or impossible. On this limited ground,
we find that the appeals deserve to be allowed."
7. Resultantly, present petitions fail and stand dismissed.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
