Headnote
AI-drafted · Reviewed and approved
The applicants, who were the Secretary and President respectively of an Agriculture Society (Khedut Mandali) established to manage lands allotted by the Ahmedabad Municipal Corporation (AMC) at Suez Farm, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an FIR alleging creation of false and fabricated documents, forged signatures and thumb impressions of farmers, bogus affidavits and sale agreements, by which the disputed lands were unlawfully transferred in their names. The FIR, registered on 26.11.2024, related to alleged incidents between 01.01.1993 and 31.12.2003, involving a delay of approximately 31 years in its lodging.
The applicants contended before the Gujarat High Court that custodial interrogation was not necessary given the nature of the allegations, that they were willing to cooperate with the investigation and trial, that the FIR suffered from an unexplained and inordinate delay of 31 years, and that the land transactions were carried out pursuant to a valid AMC resolution and the established process of the Mandali, with no complaint having been raised by the complainant or any farmer since 1993. The State opposed the grant of anticipatory bail on the ground of the seriousness of the offences involving forgery, fabrication of documents and misappropriation of public land.
The High Court, having heard both applications analogously arising from the same FIR, proceeded to dispose of them by a common judgment and order, considering the totality of facts and circumstances, including the long delay in lodging the FIR, the nature of allegations, and the applicants' willingness to cooperate with the investigation.
Catchwords:
anticipatory bail · forgery · fabricated documents · bogus affidavits · land fraud · Ahmedabad Municipal Corporation · Khedut Mandali · Suez Farm · delay in FIR · custodial interrogation · BNSS Section 482 · agricultural land · forged signatures · public land misappropriation
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