GITA GOPI,J. - (1.)This anticipatory bail application preferred under section 438 of the Code of Criminal Procedure, 1973 is in connection with the first information report being C.R. No.11193053210048 registered with Savarkundla (Rural) Police Station, District Amreli for the of fences punishable under sections 4(3), 5(c), 5(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020.
(2.)The first information report was filed on 31.1.2021 alleging that the father of the complainant Jivrajbhai Bhagwanbhai Pansuriya was holding land bearing Survey No.197 paiki 3, admeasuring 1.2950 Hectare, at village Hathsani, Taluka Savarkundla, District Amreli. It is alleged that Sureshbhai Bhadabhai Pansuriya - accused No.1 in connivance with the accused Nos.2 to 5 forged the signature of the father of the complainant and got the land transferred in his favour and thereafter, the said accused No.1 wrongly took the possession of the said land and therefore, it is alleged that he has taken the illegal possession of the land and derived monetary gain by cultivating the questioned land.
(3.)Mr.Anand Patel, learned advocate for the applicant submitted that the present applicant at the relevant time when the document was registered on 31.3.2003 was serving in his of ficial capacity as Sub-Registrar, Savarkundla. Mr.Patel, learned advocate submitted that the applicant has followed the relevant rules in existence by registration of document on 31.3.2003. Mr.Patel, learned advocate referring to Sections 84 and 86 of the Indian Registration Act submitted that no malafide intention can be ascribed to the applicant since he is a person who is a deemed public servant to act in accordance to the provisions of law. Mr.Patel, learned advocate submitted that the vendor who sold out the property Mr.Jivrajbhai Bhagwanbhai Pansuriya was identified by two witnesses and those two witnesses had affirmed before the present applicant as a Sub- Registrar of knowing the vendor Jivrajbhai Bhagwanbhai Pansuriya. Therefore, as per the rules prevailing, the necessary identification of the sold out land was done. It is submitted that the present practice of online registration and face identification was not prevailing at that time and being a Sub-Registrar, he was duty bound to follow the procedures and rules adopted for the registration of the sale deed. Mr.Patel further submitted that no query was raised by any higher authority of any failure to adhere to any rules for registration of sale deed. Mr.Patel further submitted that there are no allegations against the present applicant of taking illegal possession of the land or making any unauthorised construction. Mr.Patel further submitted that the complaint and accused Nos.1, 2 and 3 are related to each other. Complainant and accused No.1 are cousin brothers. Their internal disputes had led to registration of false FIR. Mr.Patel further stated that the co-accused had already settled the dispute and co-accused Sureshbhai Pansuriya and Premjibhai Bagda have been granted regular bail by the High Court and accused No.2 has been granted anticipatory bail, who is brother of the accused No.1. It was, therefore, prayed that discretion may be granted in favour of the applicant.