Atulbhai Vithalbhai Bhanderi vs State of Gujarat

Court

Supreme Court of India

Date

4 May 2023

Case No.

Criminal Appeal No. 1390 of 2023

Result

Disposed

Bench

Ajay Rastogi, Ahsanuddin Amanullah

Citation

[2023] 4 S.C.R. 239 : 2023 INSC 496

Headnote

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 landgrabbing 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 : [1980] 3 SCR 15; Ramesh Bhavan Rathod v Vishanbhai Hirabhai Makwana (Koli) (2021) 6 SCC 230 – referred to.

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.I11202008202186 of 2020 registered with the “A” Division Pol

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