Gujarat High Court Rejects Bail Plea Of Former IAS Officer Pradeep Sharma In Illegal Land Allotment Case

The Gujarat High Court on Wednesday rejected the regular bail plea of retired IAS officer Pradeep Sharma in connection to a 2023 case lodged at Bhuj in Kutch, in which Sharma is accused of corruption and criminal breach of trust for alleged illegal allotment of government land for monetary benefits as the then-collector of Kutch district.

The court expressed reluctance to favor Sharma, citing numerous FIRs registered against him for similar offenses during his tenure in a high government position.

Justice Divyesh Joshi, rejecting Sharma's plea on Tuesday noted, “It is pertinent to note that in the recent times, there was an increase in socio economic offences in the country. These are the offences which are solely committed for personal gains. These crimes are affecting every part of the country's economic structure and wrecking the people's faith in the system. In the following circumstances, the person is very influential and there is every chance to mislead the case. So in such cases bail should not be given. Allowing bail application depends upon the nature of the offence and related circumstances.”

The FIR was lodged in 2023 under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR registered with the CID Crime Boarder Zone Police Station for the offence punishable under Sections 409, 217, 120B, 114 of the Indian Penal Code and Section 7(c) of the Prevention of Corruption Act.

The allegations levelled in the FIR were that the complainant, namely, Kalpnaben Sursinh Godiya, Mamlatdar, Bhuj (City), District: Kachchh, being authorized by the Office of the Collector & District Magistrate, Bhuj, had filed the 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- Pradipkumar Nirankarnath Sharma, a retired I.A.S., who had worked as the Collector & District Magistrate, Bhuj from the period between 02.05.2003 and 03.06.2006 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 had, 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 FIR was registered.

The Court after hearing the arguments advanced on either side, underscored that it is trite law, that for the purpose of considering an application for bail, although detailed reasons are not necessary to be assigned, and, therefore, the evidence need not be weighed meticulously, a tentative finding should be recorded on the basis of broad probabilities.

The Court further noted that the order granting bail must demonstrate application of mind at least in serious cases where the applicant has been granted or denied bail. The findings recorded by the Court for grant or refusing bail being tentative, will not have any bearing on the merits of the case, and the trial court would proceed and decide the case on the basis of evidence produced during trial without in any manner being prejudiced thereby, the Court further said.

Coming to the 'peculiar facts of the case', the Court observed that the applicant while working as the Collector at different places had committed various irregularities by illegally allotting the government vest lands to the interested persons, and, the entire record of the case indicated that the applicant-accused had shown undue favour to one of the accuseds by allocating the land to him which was not even allotable one and thereby, “abused the power of his post and position”.

Taking note of the statement of one Sanjaykumar Mohansinh Bariya, the Court noted that Sharma had received a certain amount for doing a particular work which is contrary to law as well as various resolutions and circulars issued by the Government.

The Court observed, “Not only that, at the time of passing the order in favour of the accused No.3, the applicant-accused although knowing very well that there was a railway line as well as a public road passing through the land in question, yet by ignoring such a vital aspect, had proceeded to pass the order of allotment in favour of the accused No.3.”

“So far as the issue of sanction is concerned, even otherwise without discussing on the merit of the case as trial has already been commenced, the applicant can raise the question before the trial whether the sanction is necessary or not. Furthermore, the said issue is also at large before the Larger Bench of the Apex Court and therefore touching the issue of sanction at this stage would be a futile exercise,” the Court added.

The Court also noted that it is an admitted position of fact that a number of FIRs have been registered against Sharma pursuant to the similar kind of irregularities and illegalities as was alleged in the present case.

“Thus, considering the overall materials available on record and the role attributed to the applicant-accused as well as the gravity and seriousness of the offence committed by the applicant- accused while sitting over the highest post post of the Government, this Court is not inclined to exercise any discretion in favour of the applicant-accused,” the Court concluded while rejecting Sharma's plea.

Appearance:

Mr. R.J. Goswami, Ld. Adv. With Mr Hb Champavat(6149) For The Applicant(S) No. 1

Mr. Mitesh Amin, Ld. Addl. Adv. General With Mr. L.B. Dabhi, Ld. Addl. Public Prosecutor For The Respondent(S) No. 1

Case No.: R/Criminal Misc.Application (For Regular Bail - After Chargesheet) No. 2973 Of 2024

Case Title: Pradeep Nirankarnath Sharma Versus State Of Gujarat

LL Citation: 2024 Livelaw (Guj) 33

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