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DIVYESH A. JOSHI
Pradeep Nirankarnath Sharma – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. 11201017230006 of 2023 registered with the CID Crime Boarder Zone Police Station, District Kachchh-Bhuj (West) of the offence punishable under Sections 409, 217, 120B, 114 of the Indian Penal Code and Section 7(c) of the Prevention of Corruption Act.
3. Briefly stated the allegations levelled in the FIR are that the complainant, namely, Kalpnaben Sursinh Godiya, Mamlatdar, Bhuj (City), District Kachchh, being authorized by the Office of the Collector & District Magistrate, Bhuj, has filed the present complaint pursuant to the illegalities committed by the then Collector, Kachchh-Bhuj while granting N.A. Permission in respect of the parcel of land admeasuring 1 Acre 38 Gunths, out of the total area of the land admeasuring 5 Acre 38 Gunthas of Survey No. 709, Government Tra. Survey No. 870 situated at Moje Bhuj City, Taluka: Bhuj alleging that the applicant-Shri Pradipkumar Nirankarnath Sh
The main legal point established in the judgment is the exceptional nature of anticipatory bail, the delicate balance between individual liberty and the requirements of a thorough investigation, and ....
The main legal point established in the judgment is that bail is the general rule and its refusal is an exception, and that deprivation of personal liberty must be considered a form of punishment. Th....
Point of law: Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibra....
The prosecution must establish disproportionate income to deny bail under the Prevention of Corruption Act.
Economic offences need to be viewed seriously and considered as grave offences affecting the economy of the country, requiring a different approach in the matter of bail.
Bail is the rule and jail is the exception; economic offences necessitate careful consideration due to their serious implications on public interest and the economy.
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