Rajendra M. Sareen,J. - (1.)Present application has been preferred by the applicant - original accused No.1 under section 438 of the Code of Criminal Procedure in connection with the F.I.R. bearing C. R. No.I-197 of 2017 registered with Satellite Police Station, District : Ahmedabad for the offence punishable under sections 406, 420, 467, 468, 471 and 120(B) of Indian Penal Code (hereinafter referred to as "the IPC" for short).
(2.)Mr.J.M. Panchal, learned senior advocate appearing with Mr.D.K. Puj, learned advocate for the applicant-accused has made the following submissions :-
[1] That the applicant is innocent and has not committed the alleged offence. The applicant is the husband of the complainant and that there is matrimonial dispute between the applicant - original accused No.1 husband and the complainant - wife. The dispute started with regard to upbringing of their elder daughter. The relations between the applicant and the complainant have strained since the month of September, 2017 and till September, 2017, the relations between the applicant husband and the complainant wife were cordial and due to the dispute, the complainant has filed false FIR belatedly just with a view to harass the applicant.

[2] The dispute is of civil nature and the complainant has given colour of criminal complaint. Even otherwise, at the best the grievance of the complainant is with respect to sale of land by the applicant on the basis of alleged power of attorney and the applicant is ready and willing to deposit the consideration of Rs.5,00,000/-.

[3] That two co-accused namely C.U. Shelat - Notary and Sulochanaben are granted anticipatory bail.

[4] That the complainant has filed FIR on 10/10/2017 for the alleged forgery of executing Power of Attorney dated 17/2/2014 and thus, there is huge delay and the delay is not explained by the complainant in the FIR.

[5] There is no allegation in the FIR about forgery of signatures in the sale deed executed by the applicant and therefore, no offence is made out under section 467 and 471 of the IPC.

[6] On bear reading of the FIR, ingredients of the offence under sections 406, 420, 467, 468, 471 and 120(B) are not made out or satisfied.

[7] The applicant has no antecedent. The applicant is reputed person in the society and has roots in the society.

Making above submissions, it is requested to allow the present application.

(3.)Mr.J.K. Shah, learned APP has vehemently opposed the present application. He has submitted that considering the gravity of the offence, this Hon'ble Court may not exercise the discretion in favour of the applicant.