PANKAJ KARSHANBHAI DHADUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Urvesh Prajapati appearing on behalf of the applicant and learned Additional Public Prosecutor Ms.Asmita Patel appearing on behalf of the respondent-State.

(2.) Rule. Learned APP waives service of rule on behalf of the respondent-State. 4 The applicant has filed this application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11210060252469/2025 registered with Varachha Police Station, Surat for the offence punishable which had been obtained by the main accused through fraudulent means from the complainant. Learned advocate would submit that the present applicant is a diamond broker and it is his normal business to sell and purchase diamonds. Learned advocate would submit that as such, considering the affidavit of the investigating officer, it does not appear either that the applicant was part of the original criminal conspiracy or that the applicant knew that the diamonds had been obtained through fraudulent means and therefore, that had been sold at lesser than the market price. Having regard to such submissions, learned advocate would request that this Court may release the present applicant on regular bail. 5. As against the same, learned Additional Public Prosecutor Ms.Patel appearing for the respondent - State has vehemently opposed the grant of regular bail. Learned APP would submit that the accused had defrauded the complainant of a total of 319 diamonds valued at Rs.1,11,50,000.00. It is submitted that of the said diamonds, around 80 diamonds had been sold by the present applicant for an amount of Rs.40,00,000.00 and he himself had received a commission of Rs.50,000.00. Learned APP would submit that the present applicant knew that the main accused Mahesh was not involved in the diamond business yet, the applicant had sold diamonds which were given to him by the said Mahesh. Learned APP would submit that, under such circumstances, since the investigation is still going on, more particularly, other accused having not been apprehended as of now, the present applicant may not be released. 6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-