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2022 Supreme(Guj) 338

ALPESH Y.KOGJE
Ramanbhai Bholidas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :I.H. Syed, Senior Advocate assisted by Aniq A. Kadri, Advocates.
For the Respondents: Mitesh Amin, assisted by Moxa Thakkar, APP.

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

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