ORDER : G.R UDHWANI, J. 1. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406, 420, 465, 467, 468, 471, 506(2), 120-B and 114 of the Indian Penal Code for which FIR came to be registered at C.R No. I-63 of 2017 with Shaherkotda Police Station, Ahmedabad. 2. It is pointed out by the learned counsel for the petitioner that the complaint, in fact, relates to the property bearing Survey No. 65 comprising 72 square meters, on which, 18 godowns were constructed. It is pointed out that one Gulabchand was the tenant in the said 18 godowns and after death of Gulabchand, his heirs became the tenants and the petitioner was inducted as partner by the said tenants. For the said property Civil Suit being No. 2095 of 2005 came to be filed in the Small Cause Court, Ahmedabad, invoking the tenancy laws which was eventually compromised with the heirs of Maganji. In the suit the accused was defendant No. 2 and on compromise, the suit was withdrawn. It is also pointed out that, subsequently, an occasion arose for filing another suit being Civil Suit No. 704 of 2011 by the applicant praying that he may not be dispossessed of the properties in question, otherwise, than in accordance with law. The said suit is pending. 3. Learned counsel submitted that, as per the Tenancy Agreement, the goodwill of the godowns was transferable and such transfer was effected by various persons from time to time. It was pointed out that so far as the present complaint is concerned, it pertains to transfer of goodwill of godown No. 11 amongst 18 godowns. It was submitted that, only goodwill was transferred while ownership rest with the original owners. Learned counsel, therefore, submitted that the property in question in FIR was a subject matter of the civil suit and to exert pressure on the petitioner, the FIR is lodged. 4. Learned Advocate for the petitioner on instructions states that the petitioner is ready and willing to abide by all the conditions, including impositions of conditions with regard to the powers of Investigating Agency to file an application before the competent court for his remand. 4. Learned Advocate for the petitioner on instructions states that the petitioner is ready and willing to abide by all the conditions, including impositions of conditions with regard to the powers of Investigating Agency to file an application before the competent court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of the petitioner accused to oppose such application on merits may be kept open. 5. Opposing the application, the learned APP and the learned counsel for the complainant would submit that, in fact, the FIR relates to land bearing Survey No. 57 and not land bearing survey No. 55. It is their case that the properties in question were sold by the petitioner after claiming the same to be of his ownership are comprised in Survey No. 57, and thus, the said Survey No. 57 not being the subject matter of the two suits, has been grabbed by the petitioner and thus a serious offence has been committed. It was submitted that the investigation is at a crucial stage and this Court may not exercise the jurisdiction under Section 438 of the Cr.P.C 6. Considering the nature of accusations against the petitioner and the factual aspects as above, and without expressing any opinion on merits as parties do not invite for reasoned order, as also considering the fact that the entire case is based upon documentary evidence, the discretion is required to be exercised in favour of the petitioner. Accordingly, the petitioner is required to be admitted to bail. 7. It is directed that in the event of arrest of the petitioner herein in connection with FIR registered at C.R No. I- 63 of 2017 at Shaherkotda Police Station, Ahmedabad, the petitioner shall be released on bail on his furnishing a personal bond of Rs. Accordingly, the petitioner is required to be admitted to bail. 7. It is directed that in the event of arrest of the petitioner herein in connection with FIR registered at C.R No. I- 63 of 2017 at Shaherkotda Police Station, Ahmedabad, the petitioner shall be released on bail on his furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) with one surety of the like amount on the following conditions that he shall: (a) co-operate with the investigation and make himself available for interrogation whenever required; (b) remain present at the concerned Police Station on 07.09.2017 between 11.00 a.m and 2.00 p.m; (c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him/them from disclosing such facts to the court or to any police officer; (d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders; (f) not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; and (g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide the same on merits; 8. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for Police remand of the petitioner. The petitioner shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the petitioner in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the petitioner to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. This is, however, without prejudice to the right of the petitioner to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the petitioner, even if, remanded to the Police custody, upon completion of such period of Police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. 9. At the trial, the Trial Court shall not be influenced by the prima-facie observations made by this Court while enlarging the petitioner on bail. Rule is made absolute to the above extent. 10. Direct service is permitted.