IA ORDER

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

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 this application under Section 430(1) of BNSS, 2023, the applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 364(A), 342, 365, 384, 506(2), 323, 201, 166 and 119 r/w section 120-B of IPC and Sections 7, 13(1)(a), 13(1)(d)(1)(2)(3) read with section 12 of Prevention of Corruption Act, 1988.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 29.08.2025 and order of sentence passed in Special ACB Case No.17 of 2018, whereby, the applicant herein was convicted and sentenced as under:

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

4.1 The 15 accused including the applicant was 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 wallet 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, applicant - accused Jagdish Patel. The victim Shailesh Bhatt, Dhaval Mavani and others hail from 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 accused Kirit Paladiya at Nidhi Petrol pump at Ahmedabad. The accused Anant Patel, Police Inspector and the applicants accused, kidnapped Shailesh Bhatt from Nidhi petrol pump and beaten up and dragged to a farmhouse. In the farmhouse, Shailesh Bhatt was again beaten up and was allegedly coerced into parting with 176 bitcoins and was later forced to give Rs.32 crores ransom amount demanded by the accused Anant Patel. The victim Shailesh Bhatt, was freed by the accused Anant Patel on his assurance of giving Rs.32 crores within three days via Angadiya (courier). After the incident, the victim Shailesh Bhatt came to his hotel at Ahmedabad. He had informed the personnel of courier services not to release the money. From 11.02.2018 to 23.02.2018, the victim Shailesh Bhatt and his business partner Kirit Paladiya had tried to get back the bitcoins from the accused party and with the help of Kirit Paladiya, he met Ex.MLA Nalin Kotadiya, who had given an assurance that, he would do the needful with the help of Home Ministry, Gujarat. However, the matter was not resolved and ultimately, Shailesh Bhatt personally met the Home Minister and gave his complaint alleging the illegal act of police ofÏcials and others i