JUDGMENT :

Alpesh Y. Kogje, J.

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR No. 11191045202003 of 2020 registered with Sola High Court Police Station, Ahmedabad for offence under Sections 420, 465, 467, 468, 471, 120B and 34 of the Indian Penal Code.

2. Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the Applicant is 65 years old and is a senior citizen and suffering from several ailments. Investigation has been concluded and charge sheet has been filed.

2.1. It is submitted that the present FIR came to be registered on 04.11.2020 giving a false explanation for delay of 29 years with Sola Police Station under Sections 420, 465, 467, 468, 471 and 120 B of the Indian Penal Code, 1860. That the offences alleged in the FIR are all triable by a Magistrate.

2.2. The complainant has attempted to explain the delay of 29 years by saying that it was only after his elder brother's death that he found the papers pertaining to the land at S. No. 310 and came to know regarding the transactions of 1991. It appears that this is absolutely false and misleading since the complainant along with his brother and other heirs have appeared in several revenue proceedings and civil suits themselves through their lawyers which have been concluded in favour of the society.

2.3. It is contended that allegation in the FIR that the power of attorney is dated 25.01.1994 whereas the sale deed is dated 21.10.1993. Therefore, the sale deed dated 21.10.1993 could not have been executed using the power of attorney dated 25.01.1994 and therefore it is a false power of attorney. The said allegation is on presumption because the power of attorney is actually dated 24.07.1991. The said power of attorney was thereafter affirmed before an Executive Magistrate in presence of an advocate on 25.01.1994 and the sale deed were executed on the basis of the power of attorney dated 24.07.1991. Therefore, there is only one power of attorney dated 24.07.1991 which was affirmed subsequently. The said fact is recorded in a finding recorded by the Civil Court in an order dated 24.11.2006 passed below Exhibit 5 (pg 141 - 145). This order dated 24.11.2006 was challenged vide CMA No. 114 of 2006 which subsequently rejected on 30.08.2010 (pgs 146 - 157) The said fact was also confirmed by other legal heirs in their registered declaration cum indemnity annexed at (pgs 181-192). Therefore, the allegations are false and baseless.

2.4. It is submitted that on 24.07.1991, the owners of the land at S. No. 310 including the complainant herein, namely (i) Mangaji Ramaji (ii) Dhulaji Ataji (iii) Babuji Ataji (Complainant) (iv) Pashiben Ataji, executed a power of attorney in favour of the Applicant and one Natwarbhai Bholidas Patel (brother of the applicant).

2.5. On 29.08.1991 a true copy of the Power of Attorney dated 24.07.1991 was made by a Gazetted officer of Sardar Sarovar Nigam Limited, Gandhinagar. It is on record that, by an order dated 25.03.1992 of Asst. Collector, Viramgam Prant, the Society was granted permission to purchase agricultural land under Section 63G of the Tenancy Act. The said permission under Section 63G of the Tenancy Act was obtained using power of attorney dated 24.07.1991. Thereafter on 21.10.1993, the land was sold to the society under two Sale Deeds for which due consideration was paid vide cheque.

2.6. It is submitted that on several occasions the society has published public notices in local newspapers pertaining to the land at S. No. 310 for the purpose of clearing the title of the said land. Such notices were published on 14.07.96 and 25.12.99 and no objections were received.

2.7. On 09.11.1998, the society Vibhag - I which was an agricultural society was converted to a housing co-operative society by order of