Mohammad Hussain Usmanbhai Musabhai Ghanchi (Vora) vs State Of Gujarat

A.Y. Kogje, J

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I­11191012210675 of 2021 with DANI LIMDA POLICE STATION­ AHMEDABAD CITY, for the offence punishable under Sections 4(3), 5(a), 5(c), 5(d), 5(e), of the Gujarat Land Grabbing (Prohibition) Act.

Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for the respondent­State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :­

I) The F.I.R. is registered on 28­05­2021 for the offence which is alleged to have taken place between 01­01­2019 to 28­05­2021;

II) The applicant is in custody since 31­05­2021;

III) Investigation is concluded and charge­sheet is filed;

IV) Learned Advocate for the applicant submitted that issue pertains to grabbing of the Government land and thereafter, successive sale of handing over of such land time to time from one hand to another;

V) Learned Advocate for the applicant submitted that the applicant in this chronology had lastly come in possession of plot, which is now identified as B57 and has given it on rent.

VI) Learned Advocate for the applicant under instruction submitted that the applicant is ready and willing to hand over vacant and peaceful possession of the Government land as the land belongs to original to the Government. The applicant is also ready to file undertake to that effect.

VII) Learned Advocate for the applicant submitted that unmindful of the original ownership of the land, which is of the Government land, the applicant had paid consideration for entering into occupation of the said plot of land.

VIII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I­ 11191012210675 of 2021 with DANI LIMDA POLICE STATION­ AHMEDABAD CITY, on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) to file undertaking within period of 10 days from the date of his release before this Court to hand over vacant and peaceful possession including vacate the tenant if any from the premises to the Office of the Collector by making proper application to the Office of Collector. Breach of aforesaid condition would result into automatically cancellation of the bail and liable the applicant to be taken in custody;

(f) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(g) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

Bail bond to be executed before the lower Court having jurisdiction to try the case. 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, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

11.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct Service is permitted.