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2022 Supreme(Guj) 912

NIRAL R. MEHTA
Ashishbhai Mansukhbhai Ramoliya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :Mr. B.M. Mangukiya, Advocate with Ms. Bela A. Prajapati.
For the Respondent: Mr. R.R. Marshall, Senior Counsel with Mr. Daifraz Havewalla, Mr. Pranav Trivedi, APP.

ORDER :

Rule returnable forthwith. Mr. Pranav Trivedi, learned A.P.P. waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

1. By way of this Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the applicant – original accused seeks regular bail in connection with an F.I.R. being C.R. No.11210015200088 of 2020 registered on 10th October 2020 with D.C.B. Police Station District : Surat city for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

2. The case of the prosecution in brief, as stated in the F.I.R., is as under :

    “As a part of the criminal conspiracy, under the pretext of availing the bank loan, Rajeshbhai Ravjibhai Karkar obtained power of attorney from my father on 21st July 2020 and on the same day, fraudulently executed agreement to sale in the name of Lalji Kanubhai Radadiya. Moreover, a person named Sanny Madas asked us to contact him if we need to avail loan and in collusion with other persons, he prepared agreement for sale and power of attorney. Thereafter, on 21/08/2020, a notice was published that if anyone had ob

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