By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-146 of 2011 registered with Karanj Police Station, for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 506(1), 294(A), 120B and 114 of IPC.
Heard learned counsel for the applicant, Mr.Hardik A.Dave, learned Additional Public Prosecutor, Ms.Krina Calla for respondent-State and learned counsel, Mr.Sunit Shah with learned counsel, Mr.N.V.Gandhi for the complainant.
Learned counsel for the applicant, Mr.Hardik A.Dave has contended that there is a delay in registration of FIR. It is further contended that signature of the father of the complainant is not in dispute. It is also contended that father of the complainant also remained before the Registrar and put his signature on the alleged sale deed in presence of Registrar by affixing his photograph. He has also submitted that statement of Registrar is also recorded in which also he has stated the same thing. However, it is now alleged that father of the complainant was suffering from Alzhemeir and vascular dementia and was not able to understand anything and, therefore, accused took disadvantage of his relationship with him as he was always sitting with the father of the applicant. According to him, there is no prima facie allegation of forgery or any other offence as alleged. It is therefore requested that the applicant may be released on bail.
It is however submitted by learned counsel, Mr.Sunit Shah that father of the complainant is suffering from Alzheimer and vascular dementia for which certificates are also furnished with police authority. According to him, signature of the father of the complainant has been forged and taking signature of such a person who is suffering from said disease amounts to offence. It is also submitted that no usual practice of sale has been undertaken and thereby property worth crores of rupees has been purchased at Rs.20.00 lakhs. However, police authorities have not investigated on any of the above aspects. It is therefore urged that applicant may not be enlarged on bail.
This Court has also considered the submissions of both the parties and also the following prima facie aspects:
i) Signature of father of the complainant in the sale deed is not in dispute.
ii) father of the complainant also remained before the Registrar and put his signature on the alleged sale deed in presence of Registrar by affixing his photograph.
iii) Statement of Registrar is also recorded in which also he has also stated the same thing.
iv) there is no prima facie allegation of forgery.
In the facts and circumstances of the case, considering the above prima facie aspects, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-146 of 2011 registered with Karanj Police Station, for the offence alleged against him in this application on his executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall -
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his 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 this Court;
g) mark presence before the concerned Police Station once in a month more particularly between 1st and 10th of month between 10.00 a.m. and 2.00 p.m. till charge sheet is filed;
h) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
[M.D.SHAH,J.] radhan Top