LexATULBHAI VITHALBHAI BHANDERI versus STATE OF GUJARAT
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A B C D E F G H 239 [2023] 4 S.C.R. 239 239 ATULBHAI VITHALBHAI BHANDERI v. STATE OF GUJARAT (Criminal Appeal No. 1390 of 2023) MAY 04, 2023 [AJAY RASTOGI AND AHSANUDDIN AMANULLAH, JJ.] Bail : Grant of – Appellant involved in intimidating and threatening the victim in connivance with the main accused no.1 running an organised crime syndicate for extorting money and land- grabbing by threatening people – 59 cases registered against the accused no.1 – FIR against appellant and others for offence punishable under the 2015 Act and the Penal Code – Bail application by the appellant during pendency of the trial – Dismissed by the High Court – On appeal, held: Discretion must be exercised judiciously – Keeping in view the appellant’s alleged role, no inclination to exercise discretion in his favour – Out of the twelve charge-sheeted accused, six co-accused have not been granted bail, five have availed the benefit of default bail and only one is on regular bail, thus, interference not called for – Allegations levelled and the statements of the witnesses have been perused carefully – In view thereof, the prayer for grant of bail to the appellant is rejected – However, as submitted by the State, upon the completion of recording of statements of the protected witnesses, the appellant is at liberty to renew his plea for bail – Gujarat Control of Terrorism and Organised Crime Act, 2015 – ss. 3(1), 3(2), 3(3), 3(4) and 3(5) and 4 – Penal Code, 1860 – ss. 384, 385, 386, 387, 506(1), 506(2), 507, 201, 120B. Vilas Pandurang Pawar v State of Maharashtra, (2012) 8 SCC 795 : [2012] 8 SCR 270 – relied on. State of Gujarat v Sandip Omprakash Gupta, 2022 SCC OnLine SC 1727; State of Maharashtra v Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 : [2015] 9 SCR 211; Gudikanti Narasimhulu v Public Prosecutor, (1978) 1 SCC 240 : [1978] 2 SCR 371; Niranjan Singh v Prabhakar Rajaram Kharote, (1980) 2 SCC 559 : A B C D E F G H 240 SUPREME COURT REPORTS [2023] 4 S.C.R. [1980] 3 SCR 15; Ramesh Bhavan Rathod v Vishanbhai Hirabhai Makwana (Koli) (2021) 6 SCC 230 – referred to. Case Law Reference [2015] 9 SCR 211 referred to Para 5 [1978] 2 SCR 371 referred to Para 9 [1980] 3 SCR 15 referred to Para 10 [2012] 8 SCR 270 relied on Para 11 (2021) 6 SCC 230 referred to Para 12 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1390 of 2023. From the Judgment and Order dated 07.09.2022 of the High Court of Gujarat at Ahmedabad in CRLMA No. 22475 of 2021. Maninder Singh, Ms. Nitya Ramakrishnan, Sr. Advs., E. C. Agrawala, Sunil Murarka, Ankur Saigal, Gunnam Venkantewara Rao, Ms. S. Lakshmi Iyer, Ms. Anwesha Padhi, Pradhuman Gohil, Mrs. Taruna Singh Gohil, Ms. Ranu Purohit, Alapati Sahithya Krishna, Ms. Nidhi Mittal, Advs. for the Appellant. S. V. Raju, ASG, Ms. Swati Ghildiyal, Ms. Devyani Bhatt, Praveen Kumar Singh, Advs. for the Respondent. The Judgment of the Court was delivered by AHSANUDDIN AMANULLAH, J. Leave granted. 2. The present Appeal is directed against the Final Judgment and Order dated 07.09.2022 (hereinafter re- ferred to as the “Impugned Judgment”) passed by the High Court of Gujarat at Ahmedabad (hereinafter referred to as the “High Court”) in Criminal Miscellaneous Application No. 22475 of 2021, by which the prayer for release of the Appellant on bail has been dismissed. THE FACTUAL PRISM: 3. The Appellant, along with others, is accused in FIR Cr No.I- 11202008202186 of 2020 registered with the “A” Division Police Station, A B C D E F G H 241 Jamnagar in the State of Gujarat for offences punishable under Sections 3(1), 3(2), 3(3), 3(4) and 3(5) and 4 of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (hereinafter referred to as the “GCTOC Act”) read with Sections 384, 385, 386, 387, 506(1), 506(2), 507, 201, 120B of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). The Appellant is arrayed as accused No.4 in the said FIR and is said to be involved in intimidating and threatening the victim in connivance with the main accused no.1 Jaysukh @ Jayesh Muljibhai Ranpara (Patel), running an organised crime syndicate for the purpose, with the intention to extort money and in land-grabbing by threatening people at large. As per the FIR details, 59 cases are registered against the said accused no.1. It is alleged that the Appellant threatened the victim and concerned witnesses to cancel the land deal pertaining to survey No.961 or to pay a sum of Rs.1,00,00,000/- (Rupees One Crore) to the Appellant, which they
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