STATE OF GUJARAT Vs. LILABEN BHAIDASBHAI SONAWANE

JUDGEMENT

(1.) Heard Ms. Asmita Patel, learned APP appearing for the applicant-State. She has placed on record the relevant documents of investigation case papers. The same are permitted to be taken upon record.

(2.) This is an application seeking cancellation of anticipatory bail granted by learned Special Judge (ACB) and 2 nd Additional Sessions Judge, Surat vide order dtd. 16/4/2019 passed in Criminal Misc. Application No.1978 of 2019 in favour of the respondent.

(3.) The gist of the complaint is that one Pinkal Navinchandra Chapadiya had approached Surat City A.C. B. Police Station with a written complaint on 26/2/2019. It is the case of the original complainant that he is joint owner of property situated on plot No.23, Shiv Shanker Society, Bhathena, Ward No.18, Anjana, Surat, wherein some illegal constructions were going on. During the construction of the third floor, the complainant had received call from accused No.1 namely Krunal Bhaidas Sonwane who is the son of present respondent No.1 and accused No.2 namely Bhattu Aadharbhai Patil, who is an employee of accused No.1. It is further alleged that accused No.1 had administered threat to complainant under the name of accused No.3-present respondent who is the corporator of the said area under Surat Municipal Corporation. It is further alleged that the said accused had demanded illegal gratification of an amount of Rs.25,000.00 towards any action being taken against the illegal construction being put on third floor of the said property. The said complaint came to be registered as I-C.R. No.04 of 2019 for the offences punishable under Ss. 7(A) and 12 of Prevention of Corruption Act with the A.C. B. Police Station, Surat City. The trap was arranged and the accused No.1, who was present in the office of present respondent-accused, was found accepting the gratification amount and was caught red handed on the spot. So far as the accused No.2 is concerned who is mother of accused No.1 was also present in the said office.