ITEM NO.28 COURT NO.6 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 5682/2024
(Arising out of impugned judgment and order dated 08-11-2023 in R/CRMA No. 19158/2023 passed by the High Court of Gujarat at Ahmedabad)
ALARAKHBHAI ABHRAMBHAI BILKHIYA Petitioner(s)
VERSUS
STATE OF GUJARAT & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.32002/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.32001/2024-EXEMPTION FROM FILING O.T. and IA No.31999/2024-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

Date : 12-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Purvish Jitendra Malkan, AOR
Ms. Dharita Purvish Malkan, Adv.
Ms. Deepa Gorasia, Adv.
Mr. Alok Kumar, Adv.
Mr. Kush Goel, Adv.

For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Permission to file Special Leave Petition is granted.
Heard Ms. Dharita Purvish Malkan, learned counsel appearing for the petitioner.
The petitioner is the informant and he challenges the bail granted to the second respondent, under the impugned order dated 08.11.2023 by the High Court.
Ms. Malkan submits that the High Court erroneously considered that there are no past antecedents of the second respondent and she produces a list of 12 cases in various police stations against the respondent No. 2 to argue that the respondent No. 2 had cheated many persons with similar kind of modus operandi. The list of 12 cases are noted hereinbelow:
Sl. No. Police Station FIR No. Offence
1 Gariyadhar Police Station I-C.R. No. 1/2013 406 & 420 IPC
2 Gariyadhar Police Station I-C.R. No. 2/2013 406 & 420 IPC
3 Lathi Police Station I-C.R. No. 2/2013 406, 420, 467, 471, 120(B), 114 & 34 IPC
4 Gariyadhar Police Station I-C.R. No. 3/2013 406 & 420 IPC
5 Rajula Police Station, Distt. Amreli I-C.R. No. 11/2015 406, 420, 120(B) & 34 IPC
6 Bavlu Police Station I-C.R. No. 59/2016 406 & 420 IPC
7 Gandal City Police Station I-C.R. No. 106/2016 406, 420 & 34 IPC
8 Gondal City Police Station I-C.R. No. 117/2016 406, 408, 420, 506(2), 34 & 114 IPC
9 Gariyadhar Police Station I-C.R. No. 47/2018 406, 420 & 114 IPC
10 Savarkunda Police Station I-C.R. No. 63/2018 406, 420 & 120(B) IPC
11 Talaja Police Station I-C.R. No. 91/2018 406, 420 & 114 IPC
12 Varachha Police Station I-C.R. No. 438/2019 406, 420 & 114 IPC

Issue notice, returnable in four weeks.
Dasti notice to the Standing Counsel for the State and also to
the respondent No. 2, is permitted additionally.
(NITIN TALREJA) (BEENA JOLLY)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)