Back
ASHOKKUMAR C. JOSHI
Chandrakant Gunvantrai Pandya – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (ORAL)
This successive bail application is filed by the Applicant – Accused viz. Chandrakant Gunvantrai Pandya under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with I-C.R.No.15 of 2019 registered with ACB Police Station, Ahmedabad, District : Ahmedabad (City) for the offences punishable under Sections 13(1)(B) and 13(2) of the Prevention of Corruption Act and under Section 109 of the IPC.
2. Heard learned Advocate Mr. Dipen K. Dave for the Applicant and learned APP Ms. Maithili Mehta for the Respondent State through Video Conference.
3. The facts in nutshell, as per the main allegations against the applicant in the F.I.R. is that on 05.04.2019, Assistant Director, Field - 2, ACB, Gujarat State, Ahmedabad has filed a complaint stating that the order came to be passed by Assistant Director, ACB, Gujarat State against the applicant-accused viz. Chandrakant Gunvantrai Pandya, the then Additional Resident Collector, Surendranagar for making disproportionate assets and the complainant herein has made preliminary
Bail – Pre-trial punishment is not required.
The prosecution must establish disproportionate income to deny bail under the Prevention of Corruption Act.
Bail can be granted keeping in view length of custody and medical condition of accused.
In cases of disproportionate assets, the delay in FIR registration and the nature of evidence (documentary) can justify bail, especially when health and family circumstances are considered.
The court reaffirmed the significance of lawful procedures in asset seizure under the Prevention of Corruption Act, emphasizing the requirement for evidentiary clarity regarding asset ownership.
Bail petition – Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
