In a recent ruling by the Gujarat High Court, a case involving false documents has been brought to light. The judgement sheds light on the alleged fabrication of documents by the accused, leading to serious legal implications. Follow for more insights into this case and the impact of the court’s decision on legal proceedings. #LegalCaseSummary #GujaratHighCourt #FalseDocument #Judgement
Facts
- The rule is returnable forthwith.
Arguments
- The applicant-accused is alleged to have prepared false and fabricated documents of the complainant and used them to enter the name in the revenue record.
- Subsequently, these documents were used to execute a registered sale-deed and create third party rights.
- All the offenses alleged are exclusively triable by the Court of Magistrate.
- The chargesheet has been submitted in connection with the FIR, and the case hinges on documentary evidence already collected by the investigating officer.
- The accused received Rs.30 lakh by executing the said document.
- The role of the applicant-accused is clearly outlined in the chargesheet papers.
- The Learned APP has submitted that the applicant-accused plays a significant role in the case
- It is deemed a fit case where the Court’s discretionary power is not needed to be exercised in favor of the applicant-accused
- The advocates representing both sides do not push for a detailed order
- Thus, the discretionary power of the Court is not required to be exercised in favor of the applicant-accused
Analysis
- The learned advocates for both parties presented their arguments.
- The papers of the investigation were reviewed.
- Allegations against the applicant were considered.
- The role of the applicant was evaluated in light of the allegations.
- Investigation completed and charge-sheet filed
- Offences exclusively triable by Court of Magistrate
- Case relies on documentary evidence collected during investigation
- Referred to the case of Sanjay Chandra v. Central Bureau of Investigation [2012]1 SCC 40
- Prima facie opinion that it is a fit case for granting bail
- Applicant ordered to be released on regular bail
- Conditions of bail include personal bond, surety, restrictions on liberty, surrender of passport, restrictions on leaving the state, regular reporting to police station, furnishing address, and depositing amount in installments
- Authorities to release applicant only if not required in connection with any other offence
- Sessions Judge can take action in case of breach of bail conditions
Decision
- Direct service is permitted for the concerned Court to delete, modify and/or relax any conditions as per the law.
- The trial Court should not be influenced by the preliminary nature observations made by this Court while granting bail.
- The rule is made absolute to the above extent.
Case Title: DELZARD ROHINTAN ANKLESHVARIA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7741/2024
