PANKIL SUNIL MOHATA 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 successive 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.11205032231333 of 2023 registered with the Mundra Police Station, Kachchh West- Bhuj of the offence punishable under Ss. 365, 342, 389, 384, 120B read with Sec. 114 of the IPC and Ss. 7, 8, 12, 13 and 13(2) of the Prevention of Corruption Act.

(3.) Learned senior advocate Mr. I.H. Syed assisted by learned advocate Mr. Ankit B. Pandya appearing for the applicant has submitted that the applicant-accused was arrested on 16/10/2023 and he is in jail ever since. Learned senior advocate Mr. Syed has also submitted that the investigation has already been completed and charge-sheet has also been filed. It is moreso submitted that the first information report has been filed against total six persons, out of which, except the present applicant-accused, rest of the accused persons are the police personnel serving in the Crime Branch at Kachchh. Learned senior advocate Mr. Syed has further submitted that as per the case of the prosecution, on 13/4/2023, the members of the Crime Branch intercepted one truck fully loaded with betel nuts in respect of evasion of custom duty. During the search, it was found that the goods lying in the truck belongs to the complainant and his partner. Therefore, the police personnel paid visit to the godown of the complainant and abducted the manager of the complainant from the said godown who was then beaten and abused by the raiding party. The complaint further states that thereafter the complainant received a call on his WhatsApp from the present applicant-accused who told the complainant that police is demanding Rs.5.00 Crores to settle the dispute, however, due to his intervention, the amount of settlement is reduced to 3.75 Crores. As the complainant agreed to pay the said amount, the dispute was settled and the truck as well as the manager of the complainant were released by the police. It is alleged that thereafter the complainant and his partner paid the amount of Rs.3.75 Crores to the applicant-accused through various modes and the said amount thereafter, according to the applicant-accused, was transferred to the members of the crime branch. It is submitted that the allegations against the applicant-accused are that the present applicant-accused, in collusion with the other accused persons (police officials), planned a conspiracy and as a part of the said conspiracy, extorted an amount of Rs.3,75.00 Crores from the complainant. Learned senior advocate Mr. Syed has submitted that after intercepting the truck, as police came to know that the present applicant-accused is having contact with the complainant, the police approached the present applicant and told him to speak to the complainant and make a deal with him. It is moreso submitted that in this entire scenario, the present applicant- accused has played a role of a mediator at the behest of the police party and the complainant.