PRADEEP NIRANKARNATH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11201017230006 of 2023 registered with the CID Crime Boarder Zone Police Station, District: Kachchh-Bhuj (West) of the offence punishable under Ss. 409, 217, 120B, 114 of the Indian Penal Code and Sec. 7(c) of the Prevention of Corruption Act.

(3.) Briefly stated the allegations levelled in the FIR are that the complainant, namely, Kalpnaben Sursinh Godiya, Mamlatdar, Bhuj (City), District: Kachchh, being authorized by the Office of the Collector and District Magistrate, Bhuj, has filed the present complaint pursuant to the illegalities committed by the then Collector, Kachchh-Bhuj while granting N.A. Permission in respect of the parcel of land admeasuring 1 Acre 38 Gunths, out of the total area of the land admeasuring 5 Acre 38 Gunthas of Survey No.709, Government Tra. Survey No.870 situated at Moje Bhuj City, Taluka: Bhuj alleging that the applicant-Shri Pradipkumar Nirankarnath Sharma, a retired I.A.S., who had worked as the Collector and District Magistrate, Bhuj from the period between 2/5/2003 and 3/6/2006 and was the custodian of the land in question bearing Government Tra. Survey No.870, admeasuring Acre 1 Gunthas 38, situated at Moje Bhuj City, Taluka: Bhuj has, in connivance with the other co-accused, just with a view to get some undue monetary benefit, performed its duties dishonestly and allotted the government vest land in favour of the other co-accused in a less price compared to its actual value by making illegal conversation of the land from non-agricultural to residential and thereby committed criminal breach of trust to the Government by misusing his powers in an illegal and arbitrary manner which has caused a loss of crores of rupees to the Government exchequer. Hence, the present FIR.