Corruption Affecting Economic, Social and Political Growth: Gujarat HC Denies Bail To Government Officer In Disproportionate Assets Case
The Gujarat High Court observed that corruption has not only affected the country’s economic growth, but social and political as well.
The bench of Justice J.C. Doshi observed, “Corruption can seep into many aspects of society, creating a ripple effect of negative consequences. It can erode trust in institutions, stifle economic growth and exacerbate social inequality. Corruption has widespread effect. It is not only effecting a country’s economic growth, but social and political as well. Corruption should be handled with strict hand.”
Advocate Virat G Popat appeared for the Petitioner and Additional Public Prosecutor Soham Joshi appeared for the Respondent.
Brief Facts-
The petitioner, Sunil Kumuschandra Rana is a Class II government officer working in AMC. Before the checking period, he had barely movable and immovable property worth less than 3 lakh. However, at the fag end of the checking period (total period was of 10 years), the petitioner has got movable and immovable property to the tune of 3.25 Cr. In the FIR after mathematical calculation, the investigating officer has recorded that the petitioner has accumulated disproportionate assets to the tune of Rs.2.75 Cr which is 306% higher than the known source income of the petitioner. Hence, an FIR was registered under the provisions of PCA, 1988.
The Court mentioned the decision of the same High Court in the case of Rajesh Chandulal Shah Vs. State of Gujarat reported in 2019(3) GLR 1898 and observed, “If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge-sheet is filed, the court may consider to grant regular bail to a public servant - accused of indulging in corruption.”
The Court stated that even if the contention of the Petitioner that an amount around 1cr was given by his father-in-law was true there is reason to believe that a huge amount running in seven figures is accumulated by the petitioner as ill-gotten wealth.
The Court further noted that Petitioner failed to explain whether the amount he received from the family was a loan or gift or paid for some reason.
The Court went on to note that the petitioner also failed to explain the movable and immovable property of the petitioner that was reported by the investigating officer.
“Prima facie, it appears that this is an economic offence under the Corruption Act and is causing serious threat to the economic structure of the country,” the Court stated.
Hence, the Court rejected the bail application after considering the nature and gravity of the alleged offence, whereby a huge amount of crores of rupees is disproportionated by the government.
Cause Title: Sunil Kumudchandra Rana v. State of Gujarat
Appearance:
Appellant: Adv. Virat G Popat
Respondent: Additional Public Prosecutor Soham Joshi
