MUKESHBHAI VALLABHBHAI ABHANGI versus STATE OF GUJARAT

Citation: [2023] 4 S.C.R. 1137 · Decided: 04-05-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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[2023] 4 S.C.R. 1137
1137
MUKESHBHAI VALLABHBHAI ABHANGI
v.
STATE OF GUJARAT
(Criminal Appeal No. 1391 of 2023)
MAY 04, 2023
[AJAY RASTOGI AND AHSANUDDIN AMANULLAH, JJ.]
Bail : Grant of – Appellant, along with accused no.1 who
was operating an organised crime syndicate involving, inter alia,
extortion, land grabbing, contract killing, money-laundering,
pressurized Secret Witness 11 to enter into a deal – SW11 was
threatened to execute around 18 separate sale deeds with either
creditors of the leader of the organized crime syndicate-accused
no. 1 or creditors of the appellant – Allegedly the appellant had
extorted 50,000 square feet of land from the said persons – FIR
against the appellant for offences punishable under the 2015 Act
and Penal Code, 1860 – Bail application by the appellant –
Dismissed by the High Court – On appeal, held : There was only
one case prior to the instant case, that too of the year 2014 and the
FIR thereof having been quashed by the High Court, even prior to
the filing of the charge-sheet, if accepted, helps the appellant and
tilt the balance in his favour – Appellant has succeeded in making
out a prima facie case for the grant of bail – Furthermore, the
appellant is in jail for past 2½ years and it is the first time, he is
accused of such nature of crimes – Thus, the appellant be released
on bail on such terms and conditions as found appropriate by the
trial court – 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. 386, 387, 506(1), 506(2), 507, 201, 120B.
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; Mohammed Iliyas Mohammed Bilal
Kapadiya v State of Gujarat 2022 SCC OnLine SC
713; Gudikanti Narasimhulu v Public Prosecutor, (1978)
1 SCC 240 : [1978] 2 SCR 371; Niranjan Singh v
Prabhakar Rajaram Kharote (1980) 2 SCC 559 : [1980]
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SUPREME COURT REPORTS
[2023] 4 S.C.R.
3 SCR 15; Vilas Pandurang Pawar v State of
Maharashtra (2012) 8 SCC 795 : [2012] 8 SCR 270 –
referred to.
Case Law Reference
[2015] 9 SCR 211
referred to
Para 7
[1978] 2 SCR 371
referred to
Para 10
[1980] 3 SCR 15
referred to
Para 11
[2012] 8 SCR 270
referred to
Para 12
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1391 of 2023.
From the Judgment and Order dated 28.11.2022 of the High Court
of Gujarat at Ahmedabad in CRMA No. 13783 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 28.11.2022 (hereinafter referred 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.13783 of 2021, whereby the Appellant’s prayer for release
on bail has been dismissed.
THE FACTUAL PRISM:
3. The Appellant is accused along with others in FIR Cr No.I-
11202008202186 of 2020 registered with the “A” Division Police Station,
Jamnagar, 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
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Crime Act, 2015 (hereinafter referred to as the “GCTOC Act”) read
with Sections 386, 387, 506(1) and 506(2) of the Indian Penal Code,
1860 (hereinafter referred to as the “IPC”). The present Appellant is
arrayed as accused no.8 in the said FIR.
4. The case was registered on the basis of secret information
received that accused no.1 Jaysukh Muljibhai Ranpariay @ Jayesh Patel
was operating an organised crime syndicate in the city of Jamnagar in
the State of Gujarat, involving, inter alia, extortion, land grabbing,
contract killing, money-laundering etc.
5. It was revealed that for such purpose, to derive monetary
benefits, he threatened land-owners and realtors/developers by
intimidating and threatening them with physical injury and threats to their
lives. It was also unearthed that various WhatsApp calls were intercep
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