IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 2420 of 2025 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 2431 of 2025 ==========================================================

VIJAY MULJIBHAI VADHER Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI WITH MR JIGAR SALVI, ADVOCATES for the PETITIONERS MR I.H. SYED, SENIOR COUNSEL ASSISTED BY MR. KISHAN H DAIYA(6929) for the RESPONDENT(s) No. 1 MR J K SHAH, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 02/12/2025 COMMON IA ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of respective respondents. By consent, Rule is fixed forthwith.

2. By way of these applications under Section 430(1) of BNSS, 2023, the applicants, seek suspension of sentence awarded to them by the Sessions Court concerned for the offence punishable under Sections 364(A), 342, 365, 384, 166, 120(B), 506(2), 504, 323, 201, 167 and 119 of IPC and Sections 7, 13(1)(a), 13(1)(d)(1)(2)(3) and 15 of Prevention of Corruption Act, 1988.

3. The present appeals and the applications for suspension of sentence arise from the judgment dated 29.08.2025 and order of sentence passed in Special ACB Case No.06 of 2019, whereby, the applicants herein were convicted and sentenced as under:

Section Imprisonment Fine In default S.364(A) r/w. RI for Life 25,00,000/- SI for 06 months S.120(B) of IPC S.342 r/w. RI for 06 months 500/- SI for 05 days S.120(B) of IPC S.365 r/w. S. RI for 03 years 1000/- SI for 10 days

120(B) of IPC S.384 r/w. RI for 01 year 500/- SI for 05 days S.120(B) of IPC S.506(2) r/w. RI for 03 years 1000/- SI for 10 days S.120(B) of IPC S.323 r/w. RI for 06 months 500/- SI for 05 days S.120(B) of IPC

4. Facts and circumstances giving rise to file appeals as well as these applications are as follows:

4.1 The 15 accused including the applicants were tried and prosecuted for the offence of kidnapping, kidnapping for ransom, extortion, illegal detention and assault.

4.2 According to the prosecution case, the victim Shailesh Bhatt (PW.165), had extorted 2256 bitcoins worth Rs.150 crores from one Dhaval Mavani. Out of the said bitcoins, 752 bitcoins came to his share. Out of 752 bitcoins, 176 bitcoins being kept in the valet of his business partner Kirit Paladiya to keep it in safe custody and the market price of 176 bitcoins was Rs.12 crores.

4.3 The accused Kirit Paladiya being a business partner of Shailesh Bhatt, was knowing everything about the bitcoins illegally extorted by Shailesh Bhatt. In order to extort the bitcoins and cash amount from Shailesh Bhatt, the accused Kirit Paladiya, contacted accused Nalin Kotadiya – Ex. MLA and meeting was held on 07.02.2018 at Gandhinagar where the criminal conspiracy being hatched to extort the bitcoins from Shailesh Bhatt. In the said conspiracy, the accused Ketan Bhanderi had joined as he was a man of Amreli Superintendent of Police, accused Jagdish Patel. The victim Shailesh Bhatt, Dhaval Mavani and others were native of Amreli District. The accused – Jagidsh Patel being S.P., Amreli had informed the Police Inspector, Local Crime Branch, Amreli, accused Anant Patel for execution of object of criminal conspiracy. Meanwhile, from 07.02.2018 upto 11.02.2018, the accused police personnel as referred above and Kirit Paladiya and others keep in touch on their cellphones and also convened meeting at Surat Circuit House and other places. The accused Police Inspector Anant Patel, with the aid of police constables of the LCB branch, Amreli, finally planned to kidnap Shailesh Bhatt and accordingly on 11.02.2018, Shailesh Bhatt was called upon with the help of a