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Cri. Bail Application No. 869 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 869 OF 2022
{Vijay Sajandas Gangvani vs. The State of Maharashtra through
Upnagar Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 181
of 2022 registered with Upnagar Police Station for the offences
punishable under sections 420, 468, 470, 471, 472 read with 34 of
the I. P. C.
02]
The applicant contended that false and fabricated case is
registered against him. He has not committed any offence. He is just
the power of attorney holder of his brother Mahesh Gangvani. He is
not beneficiary to the transaction. He has not dishonest intention to
cheat the complainant. The amount of Rs. 3 lacs in the agreement
was received by Mahesh Gangvani for Himgiri builder. His role was
not to construct or develop the property. His custodial interrogation is
not required. He has deep root in the society. His family is dependent
on him. He is ready to abide by any conditions imposed by the court.
Hence, he has prayed for grant of anticipatory bail application.
03]
APP filed say at Ex. 07 and I. O. filed say at Ex. 08. They
have stated that the offence is of serious nature. The accused nos. 5
and 6 are released on anticipatory bail. Name of the complainant is
mentioned in the complaint. The applicant will threat the witnesses
if released on bail. Hence, they prayed for rejection of the bail.
04]
The complainant resisted the bail by filing application at
Ex. 14. She alleged cheating and forgery at the hands of all the
accused. While the accused were granted interim bail, the accused
sent two unknown persons with a bond paper of 2011 and told them
to sign on the documents and threaten with dire consequences. So,
they have prayed that the application be rejected.

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05]
Heard the learned counsel for the accused, learned APP and
learned counsel for the complainant. They have argued as per their
stands taken. The counsel for the applicant relied on the following case
laws:
a]
G. Sagar Suri and anr. vs. State of U. P. and Ors. in Appeal (Cri.)
91 of 2000 dtd. 28.01.2000.

b]
V. Y. Jose & Anr. vs. State of Gujarat and anr. in Criminal Appeal
No. 2048 of 2008 (arising out of SLP(Cri.) No. 1491 of 2007).

c]
Mrs. M. Dhanalakshmi @ Lakshmi Rajan and others. vs. State of
Karnataka in Criminal Petition No. 2386 of 2021 decided on
04.07.2022.

I have gone through the these case laws and if they are applicable to the
facts and circumstances of the case, they will be relied upon. Otherwise,
for the sake of brevity, I will not reproduce the same.
06]
I have gone through the application, say, arguments, case
law and police papers. There is prima-case against accused no. 1 Mahesh
Gangvani. He on behalf of his power of
attorney holder committed
offence. Though, he executed an agreement to sell a flat to the
complainant and received Rs. 3 lacs from the complainant, still not
cancel the agreement and executed sale deed in favour of the new
purchaser. The role of present applicant is only as a power to attorney
holder of the accused no. 1. Prima-facie he does not share common
intention with the accused no. 1. He is not beneficiary to the
transaction. He is senior citizen having deep roots in the society. He has
no criminal antecedent. Nothing is to be recovered from him.

His
custodial interrogation is not required by the police. The apprehension
of complainant of alleged threat can be taken care by imposing suitable
terms and conditions. On suitable terms and conditions, he can be
released on anticipatory bail. Hence, the following order:
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Cri. Bail Application No. 869 of 2022
ORDER
01]
Application is allowed.

02]
In the event of arrest, the accused namely Vijay
Sajandas Gangvani be released on bail on
executing personal bond of Rs. 15,000/- with one
or more surety in the likewise amount each in
crime no. 181 of 2022 registered with Upnagar
Police Station for the offences punishable under
sections 420, 468, 470, 471, 472 read with 34 of
the I. P. C., to the satisfaction of I. O.

03]
The accused shall attend police station on dated
3.08.2022 & 04.08.2022 in between 11.00 a.m. to
02.00 p.m. and help to the Police in investigation
and should attend the police station, as and when
his attendances is required by the I. O.

04]
He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any police officer to tamper with the
evidence.

05]
He shall not tamper the prosecution evidence in
any manner.

06]
He shall not leave India without permission of this
court.

07]
He shall not commit similar type of offence.

08]
He shall furnish his detailed address with proof
and his mobile number.

09]
Inform the concerned Police station accordingly.
RATHI
ROOPESH
RAMSWARUP
Date : 30.07.2022
Digitally signed
by RATHI
ROOPESH
RAMSWARUP
Date: 2022.07.30
17:52:21 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.

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