CHANDRAKANT GUNVANTRAI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 investigation and filed a complaint. As alleged in the FIR, Mr. Chandrakant Pandya has misused his post and committed irregularity and illegality and corrupton for being wealthy and invested those wealth in movable and immovable properties in the name of his daughters viz. Radhik Pandya, Bhumika Pandya w/o. Jinalbhai Dave and Kamini Dhirajlal Acharya (Niece) and for making this disproportionate assets, Mr. Dharmeshbhai Manibhai Patel, Chandrakant Manibhai Patel and Suketuchandra Ranchhodbhai Patel have helped the accused-Chandrakant Pandya by taking cash from the accused and transferred the entry from their bank accounts. Thefore, the complaint was filed. In the year 2005 at Rajkot, the case of disproportionate assets was filed against the applicant, but, the complainant has not disclosed the fact that in the said case, after investigation, no offence was made out and therefore, final report was filed by ACB and it was accepted by the Ld. Special Court, Rajkot. Therefore, the complainant tried to hide the said fact from the Honorable Court.