ORAL ORDER

1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11205031230404 of 2023 registered with Mandavi Police Station, Kachchh.

2. Heard learned Senior Advocate Mr.N.D.Nanavaty for the petitioner, learned advocate Mr.Manish Shah for respondent no.2 and learned APP Mr.Patel for respondent - State.

3. Learned Senior Advocate Mr.Nanavaty for the petitioner submits that the petitioner is 64 years of age. It is submitted that petitioner was under misconception that Gujarat State Wakf Board has granted permission to sell the property. It is submitted that the petitioner has executed sale deed after following procedure by issuing public notice etc. Learned Senior Advocate has placed on record affidavit jointly signed by the petitioner and Mr.Altafhussain Aagariya who is the person who has purchased the property by registered sale deed. It is submitted that both the persons are ready to reverse the transaction and put the property to its original strata. It is submitted that since original sale deed is in the hands of Investigating Officer and since the petitioner is ready to reverse the transaction and put the property to its original strata, there is no need of custodial interrogation. It is submitted that since the petitioner has not gained anything from the said transaction and is ready to reverse the transaction, the petitioner may be granted anticipatory bail. It is submitted that FIR is registered by Sub Registrar, Mandavi after registration of sale deed. It is submitted that Government has not cancelled transaction till now and therefore, it is submitted to allow the petition.

4. Opposing the present petition, learned advocate Mr.Manish Shah for respondent no.2 submits that it is fit case where without trial offence against accused is established. In view of Annexure - H, so called permission to sell Wakf property is dated 29.12.2022. He would submit that Gujarat Wakf Board was dissolved and was under cessation for the time period from 14.09.2022 to 22.11.2023. He brought to the notice Annexure - R-6 at page no.107. It is submitted that PIL was filed before this Court being WP (PIL) No.75 of 2018. In another PIL being WP (PIL) No.214 of 2016, Division Bench of this Court has passed interim relief staying sell of Wakf property. He would submit that it is clear case of fraud and prima facie offence under section 465, 467, 471 of IPC is made out against the petitioner. It is submitted that letter head, stamp, signature and permission to sell Wakf property, all are forged and used by the petitioner as genuine before the authority. He would submit that in sale deed, the petitioner has mentioned such kind of permission, he was knowing fully well about forging of permission of Wakf property. It is therefore, submitted that the petitioner may not granted anticipatory bail.

5. Learned APP for the respondent - State adopting the arguments of learned advocate Mr.Shah for respondent no.2 submitted that custodial interrogation of the accused is not sole criteria of granting bail. It is submitted that prima facie case is made out against the petitioner. It is submitted that there is one antecedent registered against the present petitioner and therefore, it is submitted that petitioner may not be granted anticipatory bail.

6. Having heard learned advocates for the parties, what appears that Annexure - H permission of Wakf Board has been forged and prima facie establish more particularly considering the date mentioned therein i.e. 29.12.2022. Undisputably, Wakf Board was in cessation for the period from 14.09.2022 to 22.11.2023. The petitioner who is President of the Trust must have knowledge that Wakf Board is in cessation for this time period. Signature of CEO and Chairman are forged. Not only that stamp of Wakf Board is forged so the letter head. Offence does not sto