BHAGUBHAI JIVABHAI BHAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ld. Advocate Mr. M R Amin for the applicants in Criminal Misc. Application Nos. 3167/2013 and 3168/2013; whereas Ld. APP Ms. Moxa Thakkar for the applicant in Criminal Misc. Application Nos. 6994/2013 and 7029/2013; whereas Ld. Advocate Mr. K B Anandjiwala for the private respondents in all applications. All these applications are arising for cancellation of anticipatory bail granted by the trial Court to two different accused, but with reference to the same FIR being C.R. No. I-37/2012 registered with Songadh Police Station, Bhavnagar, for the offences punishable under sections 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code [for short 'IPC'].

(2.) The complainant Bhagubhai Jivabhai has preferred an application for cancellation of anticipatory bail through his Ld. Advocate Mr. Mitesh Amin; whereas the State has also challenged the same order of anticipatory bail in favour of both accused by filing separate applications. Therefore, practically Criminal Misc. Application Nos. 3167/2013 and 7029/2013 are for cancellation of anticipatory bail of same accused, namely Vikrambhai Nagjibhai Bhaliya by the complainant and State respectively. Similarly, Criminal Misc. Application Nos. 3168/2013 and 6994/2013 are for cancellation of anticipatory bail granted to accused Ghanshyambhai Rambhai Saida again by the complainant and State respectively. Since all applications are arising out of the same FIR, they are dealt with jointly and being disposed of by this common order.

(3.) The case of the complainant and prosecution is to the effect that the complainant has filed a complaint on 31/12/2012 under different sections of the IPC because the accused had committed offences of cheating and forgery and thereby received huge amount as undue advantage by fraud, which results into financial loss to the complainant. Such complaint is filed on 17/8/2012. Thereupon, one of the accused Ghanshyambhai has filed an application for anticipatory bail being Criminal Misc. Application No. 588/2012 before the Sessions Court at Bhavnagar and 5th Addl. Sessions Judge, Bhavnagar was pleased to dismiss such application for anticipatory bail by judgment and order dated 31/12/2012. However, this Court was pleased to quash and set aside such order rejecting application for anticipatory bail, by its judgment and order dated 22/1/2013 in Criminal Misc. Application [For Anticipatory Bail] No. 1099/2013. Thereupon, 5th Addl. Sessions Judge, Bhavnagar has decided such Criminal Misc. Application No. 588/2012 afresh and allowed the same by impugned judgment and order dated 2/2/2013 so far as Ghanshyambhai Rambhai is concerned. Whereas application for anticipatory bail being Criminal Misc. Application No. 70/2013 was allowed by the 5th Addl. Sessions Judge, Bhavnagar, by judgment and order dated 6/2/2013 on different grounds but also on the ground of parity because of an order of anticipatory bail in favour of co-accused Ghanshyambhai Rambhai, as referred to hereinabove.