Point of law: The entire case record of the criminal case has gone missing. The matter does not end there, as the Court has reasons to believe that to make show of the court record of this case has gone missing on account of gross negligence on the part of the Court and its employee, record of other ten Court cases were also managed to go missing. So that the suspicion is not focused on this very case. This in the opinion of the Court is rather serious offence, which needs to be dealt with properly and for which the Coordinate Bench is also actively considering by calling for the appropriate reports.

ORDER :

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-11216024200717 of 2020 with KALOL CITY POLICE STATION, DISTRICT GANDHINAGAR, for the offence punishable under Sections 119, 380 406, 409, 477, 384, 457, 114, 120(B) of the Indian Penal Code.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned Advocate for the applicant submitted that the application though filed prior to the filing of the chargesheet, pending the investigation, the chargesheet is now filed. At request of the learned Advocate for the applicant the application is treated to be an application for the regular bail after filing of the chargesheet.

4. Learned Advocate for the applicant submitted that though the FIR is registered in the year 2020, the offence is committed even as per the FIR way back in the year 2006 to 2011. The applicant is now aged 61 years and therefore, the case of the applicant deserves consideration.

5. It is submitted that the now the chargesheet is filed and the investigation pertains to documentary evidence considering the nature of offence for which the chargesheet is filed and the maximum sentence imposed, the application deserves consideration.

6. It is submitted that root of the offence is the land transaction i.e. to say the property dispute and for which the applicant is already facing the previous offence.

7. It is submitted that the offence pertains to missing of record of the Court, the applicant after transaction in connection with the land in question had nothing to do with the land and therefore, is not in any manner interested in the land in question. Therefore, there was no reason for the applicant to have any interest in managing to disappear the court records. It is submitted that the applicant has cooperated during the course of investigation and therefore, no purpose will be served any further detaining the applicant.

8. It is submitted that the co-accused who were also in the land transaction of the land in question, have been enlarged on regular bail. Hence, on the principle of parity, the case of the applicant deserves consideration.

9. It is submitted that even in the Civil proceedings, filed prior to the present FIR, the said suit has been rejected by the concerned Civil Court and having failed therein, the present FIR has been filed as armed twisting method. Even the scientific evidence with regards to the allegations of fake signature in fabricating the documents, no role of the applicant is coming out. Entire house which was searched, has not disclosed any incriminating documents.

10.On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned Additional Public Prosecutor also submitted that the applicant is involved in the offence from the beginning. He has entered land transaction later on the basis of fake and fabricating documents for which also the Mcase was registered and pendency of which was not in interest of the applicant.

11.It is submitted that the applicant who managed to see that the entire record of the Court pertaining to criminal case disappears. The applicant has direct motive for committing the offence.

12.It is submitted that the Court may take a very serious note of the present FIR, which is registered for missing of records as the co-accused was the purchaser of the stamp paper on which the document was executed. Alleged fake document-Power of attorney was recovered during the investigation of the previous offence and was part of the criminal case record which has now gone missing.

13.It is submitted that the records of ten such cases were untraceable and one more offence in which case papers were missing, the applica