MAHESHKUMAR RAVIDAN MOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C. R. No. I - 02 of 2022 registered with ACB Police Station, Gandhinagar for offences punishable under Sec. 7 , 7(a) , 12 and 13(2) of the Prevention of Corruption Act.

(2.) Mr. N.D. Nanavati, learned Senior Advocate appearing for the applicants, submitted that charge-sheet has been filed and now nothing further requires to be investigated. He states that applicant No.1 is a public servant and applicant No.2 is a private person and states that as per the prosecution case, the demand of illegal gratification is shown of the public servant while the money is recovered at the hands of the private person - the applicant No.2. Mr. Nanavati stated that it is a case of internal grudge and business rivalry, which has resulted into the filing of the FIR. It was, therefore, prayed that the present application may be allowed and the applicants herein may be released on regular bail.

(3.) Countering the arguments, learned APP stated that the complaint was to the effect of providing fire safety instruments in the newly constructed buildings and the complainant is a Fire Safety Consultant with Kavyaratna Group, who has undertaken the two projects of constructions, one at Randesan and another at GIFT City for the fire safety and for the GIFT City project, the complaint was filed as on 8/12/2022. The complainant had visited the Department for fire safety approval and while meeting the applicant No.1 he was informed that the plans require certain mandatory changes and thereafter too he visited the Office and learned APP states that the complaint has been given since the demand was made by applicant No.1 of Rs.5.00 Lacs as gratification to grant NOC for the project. On multiple occasions negotiations was made and according to the prosecution case, the applicant No.1 had introduced applicant No.2 to the complainant and accordingly, the said amount was received by applicant No.2. Mr. Trivedi submitted that corruption has become a menace to the society and thus, to set an example, prayed to reject the application.