'Advocacy Is A Noble Profession': Gujarat High Court Denies Bail To Advocate Accused Of Orchestrating Land Fraud

The Gujarat High Court denied bail to a lawyer for his alleged involvement in forgery, wherein land belonging to the complainant was sold to co-accused without the former's knowledge. [2026 LiveLaw (Guj) 181]In doing so the court observed that it prima facie appeared that the applicant had orchestrated the entire conspiracy by preparing forged document and received the amount of consideration.The court was hearing an advocate's plea seeking bail in an FIR under BNS Sections 336(2)(forgery), 338(Forgery of valuable security, will, etc.), 339(possession of forged documents), 340(2)(using forged documents or electronic records as genuine), 242(False personation for purpose of act or proceeding in suit or prosecution) and 61(2)(a)(Criminal Conspiracy). As per the prosecution, the complainant an overseas citizen came to India in April 2024 and came to know that the land which was stated to be in his ownership and possession, was sold for a consideration of Rs.49 Lakhs by impersonating him, through a false Sale Deed.Justice Hasmukh D Suthar observed that during the investigation it was found that the applicant in the capacity of an Advocate had prepared the forged documents."Prima facie it appears that the applicant has orchestrated the entire conspiracy by preparing forged document and received the amount of consideration and distributed amongst the co-accused...Considering the manner in which the applicant has played the role this Court is of the view that if the applicant is released on bail then there is every possibility that the applicant will tamper with the prosecution evidence and this is not a case wherein he has played or rendered professional service. The Advocacy is a noble profession and the applicant has taken undue advantage of his knowledge and indulged himself in criminal activity. Hence, this Court is not inclined to allow the application as it will adversely effect the case of prosecution".The counsel for the applicant said that he is a practicing advocate from the last 22 years and has been falsely roped in the present offence. It was argued that except rendering professional services, no role is attributed to the applicant.The State's counsel argued that investigation was not completed. Further, it was argued that the applicant has not rendered professional service as he is the kingpin and mastermind of the offence. It was alleged that the offence is punishable with life imprisonment and there is every possibility that, if the applicant is released on bail, he will try to tamper with the evidence. Case title: JITENDRASINH NARANSINH RATHOD v/s STATE OF GUJARATR/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 12854 of 2026Click Here To Read/Download OrderCitation: 2026 LiveLaw (Guj) 181

'Advocacy Is A Noble Profession': Gujarat High Court Denies Bail To Advocate Accused Of Orchestrating Land Fraud

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'Advocacy Is A Noble Profession': Gujarat High Court Denies Bail To Advocate Accused Of Orchestrating Land Fraud

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