In a recent judgment by the Gujarat High Court, anticipatory bail has been granted in the case related to FIR C.R.No.11188004230721 at Dhansura Police Station. The petitioners, involved in a land dispute, have been granted bail with certain conditions. Find out more about this significant legal development.
Facts
- The petitioners have filed a petition under Section 438 of the Code of Criminal Procedure, 1973.
- They have requested anticipatory bail in case of their arrest related to FIR C.R.No.11188004230721 of 2023 at Dhansura Police Station, District – Aravalli.
Arguments
- After pocketing Rs.45 lakhs, the petitioners sold the property to a third party, indicating a possible offense of cheating and forgery.
- The civil litigation between the parties has been given a criminal color after the filing of the FIR.
- The complainant has also filed a suit for specific performance and cancellation of the sale deed.
- The petitioners claim innocence stating there was no intention of cheating.
- They are available for investigation, have assets in District Aravalli, and pose no flight risk.
- The petitioners are willing to deposit Rs.20 lakhs claimed by the complainant before the Trial Court.
- The dispute revolves around documentary evidence with the Investigating Officer.
- The learned APP, supporting the complainant, argues that the petitioners show dishonest intention by pocketing a significant amount and selling the property to a third party.
- Considering the offenses under sections 406 and 420 of the IPC, the maximum punishment is 7 years including fines.
Analysis
- Factors to consider while considering bail application: prima facie evidence, nature of accusation, severity of punishment, risk of absconding, accused’s character and behavior, likelihood of offense repetition, witness influence, risk to justice.
- No prior record against the petitioners.
- Petitioners willing to deposit Rs.20 lakhs, the value of the complainant’s suit.
- Petitioners can file an application before the Trial Court for the deposit.
- Avoid detailed examination of evidence at the bail stage to prevent prejudicing the accused.
- Exercise discretion judiciously and strictly following basic principles from prior Supreme Court decisions.
- The court exercised discretion in favor of the petitioner
- Considered the law laid down in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.
- Took into consideration the law from Sushila Agarwal v/s. State of Punjab case (1980) 2 SCC 665
- Referenced the law laid down by the Constitutional Bench in Shri Gurubaksh Singh Sibbia & Ors. vs.
Decision
- The petitioners will be released on bail upon furnishing a personal bond of Rs. 10,000/- each with one surety of like amount.
- Conditions of bail include cooperation with the investigation, availability for interrogation, and presence at the Police Station on specified dates.
- Petitioners are prohibited from influencing potential witnesses, obstructing the investigation, or leaving India without court permission.
- Failure to comply with bail conditions may result in appropriate action by the concerned Judge.
- Trial Court is instructed not to be swayed by prima facie observations made by the current Court during bail granting.
- The FIR suggests the presence of a civil dispute between the involved parties.
Case Title: DINESHBHAI RAMANBHAI PATEL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/67/2024
