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2024 Supreme(Guj) 490

J. C. DOSHI
Afsanabanu Mohammed Rafik Kazi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr IH Syed, Senior Advocate With Mr Aniq A Kadri
For the Respondent:Mr Shalin Mehta, Senior Advocate With Mr Manish S Shah, Mr H K Patel, Addl.Public Prosecutor

JUDGMENT :

J. C. DOSHI, J.

1. By way of the present petitions under Section 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R.No.11199061231168 of 2023 registered with Ankleshwar City ‘B’ Division Police Station, Bharuch.

2. The brief facts leading to filing of the present application are as under.

2.1 As per the FIR, accused No.1 is administrator of Navi Masjid who forged letter granting permission of sale of land bearing Survey No.722, Area 0-52-67 and used the same to prepare a sale deed. Hence, the FIR came to be registered. The incident took place on 17.05.2022 and the FIR has been registered on 22.12.2023 after a delay of 19 months. The name of the petitioners have not been mentioned in the FIR though it has been registered after a detailed inquiry. The only role alleged against the petitioners is that they helped accused No.1 in forging a letter giving approval to sell land bearing Survey No.722, Area 0-52-67. It is the case of the petitioners that they were doing their job in the office. The petitioners preferred anticipatory bail applications being C

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