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Supreme Court of India 2023-05-04 dismissed

ATULBHAI VITHALBHAI BHANDERI vs STATE OF GUJARAT

Bench: 2 — Ajay Rastogi, Ahsanuddin Amanullah

In Brief

The appellant was accused under the Gujarat Control of Terrorism and Organized Crime Act for intimidating and threatening a victim to extort ₹1 crore and cancel a land deal, acting in connivance with the main accused. He collected extorted money and facilitated the gang's activities. The High Court rejected his bail application. The Supreme Court upheld this decision, holding that his serious alleged role and involvement in the organized crime syndicate, combined with his direct participation in extortion and abetment, did not warrant bail at that stage. The Court emphasized that judicial discretion must be exercised according to established principles, not arbitrarily, and that parity arguments among co-accused require examining their respective roles, not mere similarity. The Court reserved reconsideration after protected witnesses are examined within six months."

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Criminal Procedure Bail Organized Crime Extortion Land-grabbing GCTOC Act Judicial Discretion

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