LALITBHAI JADHAVJIBHAI DHOLARIYA Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Lalitbhai Jadhavjibhai Dholariya
STATE OF GUJARAT
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(1.) Rule. Mr. Devnani, learned APP waives service of rule forthwith. Heard Mr. Pratik Jasani, learned advocate for the
applicant, Mr. Mitesh Amin, learned Public Prosecutor with Mr.
Dharmesh Devnani, learned APP for the respondent-State and Mr.
Vicky Mehta, learned advocate appearing for the complainant
through video conferencing.
(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the
offences punishable under Sections 465 , 467 , 471 , 114 , 191
and 120B of the Indian Penal Code for which FIR came to be
registered as C.R. No. I- 11208037200104 with Kuvadva Road
Police Station, Rajkot.
(3.) Prima facie reading of the application reveals that the FIR is lodged alleging that a deal of land bearing survey no. 545/2
was done on the basis of the documents which are found to be
forged during the course of investigation. It has been found
on the basis of the FSL report that the thumb impression of
one Maniben is not found to be genuine. As far as the role of
the applicant is concerned, he being the defendant no. 1/6 in
the suit has filed a reply in the plain wherein he has
confirmed the veracity of such documents. Except the role of
the applicant in filing such an affidavit, prima facie there
seems to be no other role.
3.1 Mr. Vicky Mehta, learned advocate appearing for the complainant would submit that knowing fully well that the documents were forged and though there were FSL reports substantiating these facts, the applicant has filed such a reply in the civil suit before the competent Court.
3.2 Without discussing the facts in detail, the Court is prima facie of the opinion that considering the prima facie role of the applicant, the present application deserves consideration. ;
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