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GITA GOPI
Kumarsinh Sanjaysinh Parmar – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Gita Gopi, J.
1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R. No. 11196017230233 of 2023 registered with Panigate Police Station, Vadodara City for offences punishable under Sections 406, 420, 465, 467, 468, 471, 120B of the IPC.
2. Mr. Dharmesh Devnani along with Ms. Akshitaba Solanki, learned advocates for the applicants submitted that the application is moved by the brothers who are sons of Sanjaysinh Parmar where the allegation against them is for the offence under Sections 406, 420, 465, 467, 468, 471 and 120B of the IPC. Mr. Devnani submitted that the complaint has been filed against the present applicants and the father Sanjaysinh Bachusinh Parmar as accused no.1 and against Shantaben @ Gajaraben Bachubhai Rathod.
2.1 Referring to the complaint dated 20.3.2023, Mr. Devnani submitted that one Dharmishthaben wife of Hiren Harinarayan Mistri has filed the complaint as her husband is serving as a Clerk in Ward No.17, Vadodara Corporation. According to the complainant, he came to know that in December, 2020, one Kanan Villa No.1 Duplex Scheme was launched by the accused no.1 Sanjaysi
The court established that the presence of an accused in a transaction does not automatically implicate them in criminal activity, warranting careful consideration in bail applications.
Point of law : It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by ....
Anticipatory bail can be granted when custodial interrogation of applicants is not necessary.
Right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the concerned Magistrate to consider such a request in accordance with law
Grant of Bail - Presence of the applicants would not require in custody till the end of the trial pending before the learned trial Court
Grant of Bail – Land grabbing - Right, title and interest in respect of the land in question is subject matter before the Civil Court and the appeal preferred by the present applicants is pending bef....
The court emphasized that a Power of Attorney holder implicated in fraudulent land transfer with substantial evidence of collusion cannot be granted bail.
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