[Cites 9, Cited by 0]
Gujarat High Court
Arvind @ Shila Dangi @ Kanji Machi ... vs State Of Gujarat on 24 April, 2026
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/3764/2026 ORDER DATED: 24/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3764 of 2026
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ARVIND @ SHILA DANGI @ KANJI MACHI (TANDEL)
Versus
STATE OF GUJARAT
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Appearance:
MOHIT P PATHAK(7344) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 24/04/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on
behalf of respondent-State. By consent, Rule is fixed forthwith.
2. The applicant, by way of this successive application filed
under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023, seeks regular bail in connection with the FIR being C.R.
No.11210005220733 of 2022 registered with Athwalines Police
Station, Dist. Surat, for the offences punishable under Sections
465, 467, 468, 471, 477 and 120(B) of the IPC and Sections 3,
4(1)(3) and 5(A)(D) of Gujarat Land Grabbing (Prohibition) Act.
3. It is the submission of learned counsel for the applicant
that he is suffering confinement since 17.05.2022 and charge-
sheet has already been filed. It is stated that, this successive
bail application is maintainable because the accused who has
played similar role, has been granted bail by the Supreme
Court vide its order dated 11.12.2023. In addition to that, it is
submitted that, the investigation is over and entire case of the
NEUTRAL CITATION
R/CR.MA/3764/2026 ORDER DATED: 24/04/2026
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prosecution rests on the documentary evidence. It is further
clarified that, due to heart ailment, he was taking treatment
and it was the main reason for not surrendering into jail in
time. In such circumstances, it is submitted that, considering
the voluminous documents and number of witnesses, trial
would take considerable time and having regard to the period
of incarceration as an under-trial-prisoner, the case is made
out for exercising discretion.
4. Learned APP has opposed the bail application contending
that, considering the conduct of the applicant and nature of
accusation, the discretion may not be exercised in favour of
the applicant as the accused is the prime person who had
conspired for the act of forgery and after succeeding in the
mission, the private land was sold by way of agreement and
had obtained financial benefits. In such circumstances, it is
submitted that, having regard to the seriousness of the offence
and conduct of the accused, the possibility of flee from justice
cannot be ruled out.
5. Having heard learned advocates appearing for the
respective parties and upon perusal of the material placed on
record, it appears that, the applicant was impleaded as
accused no.8 along with the co-accused no.1 to 7 and 9 to 12
in the alleged crime. The accused being a real estate agent, in
connivance with the co-accused, obtained the original
documents from the Registrar Office and after forging the
same, the land in question being sold by them. In such
circumstances, the applicant herein is booked in three different
offences of similar nature. The entire prosecution case based
NEUTRAL CITATION
R/CR.MA/3764/2026 ORDER DATED: 24/04/2026
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on documentary evidence and the custody of the important
documents are with the agency. On earlier occasion, two bail
applications before this Court were being withdrawn. This
application mainly filed on the ground of parity and delay in
trial proceedings. The co-accused Vivek Patel has been granted
bail by the Supreme Court vide its order dated 11.12.2023 and
lastly, accused Sunil Patel (A6) has been granted bail by the
Supreme Court vide its order dated 18.08.2025 observing that,
the appellant has been in custody for more than three years
and chargesheet has already been filed. The accused Sunil
Patel was also absconding from 13.02.2023 to 26.06.2024. In
such circumstances, in my opinion, when the case is based on
documentary evidence and chargesheet is already filed and at
relevant time, due to heart ailment, the accused was under
treatment which was the cause for surrendering late, after his
temporary release, case has been made out for exercising
judicial discretion.
6. Hence, present application is allowed and the applicant is
ordered to be released on regular bail in connection with the
C.R. No.11210005220733 of 2022 registered with Athwalines
Police Station, Dist. Surat, on executing a personal bond of
Rs.10,000/- (Rupees Ten thousand only), with one surety of the
like amount to the satisfaction of the learned Trial Court and
subject to the conditions that he shall;
No. Conditions
(a) not take undue advantage of liberty or misuse
liberty;
(b) not act in a manner injuries to the interest of the
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R/CR.MA/3764/2026 ORDER DATED: 24/04/2026
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prosecution;
(c) surrender passport, if any, to the lower court
within a week;
(d) not leave India without prior permission of the
Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not change
the residence without prior permission of the trial
Court;
7. The Authorities will release the applicant only if he 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 issue warrant or
take appropriate action in the matter. Bail bond to be executed
before the learned 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, learned 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. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
