NDLI: Jinofer Kawasji Bhujwala Vs. The State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bail
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Prevention of Corruption Act, 1988 (49 of 1988) Arbitration and Conciliation Act, 1996 (26 of 1996) Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Bail – A Company ‘ANL’ was issued a Letter of Intent for Construction and development of Vessels Traffic and Port Management System (VTPMS) in the Gulf of Khambhat, on Build Own Operate and Transfer basis – It was followed by a Concession Agreement, entered into between the Gujarat Maritime Board, ANL and the Government of Gujarat – Dispute arose regarding the Capital Cost incurred by ANL – On basis of a preliminary inspection report, the Gujarat Maritime Board claimed that ANL made an extra income of Rs. 134.38 crores – ANL moved the Commercial Court u/s.9 of the Arbitration and Conciliation Act, 1996 as there was threat of termination of the Concession Agreement and thereafter matter was referred to Arbitration – The Gujarat Maritime Board lodged a complaint and on basis of the said complaint FIR was registered against 8 accused, including A-1, A-2 and A-3 u/ss. 406, 409, 420, 465, 468, 471 and 120 B IPC and s. 13(1)(d) of the Prevention of Corruption Act – A-1(Appellant) and A-2 his son were arrested – Ever since then, the appellant is in judicial custody – His bail application was rejected several times – However, the High Court gave liberty to the appellant to file a fresh application before the trial Court if the trial could not commence within a period of six months – Incidentally, this period of six months has expired and trial has not commenced yet – Also, the Arbitral Tribunal passed interim measures and financial interests of the Maritime Board were protected – In the background of the above facts, the appellant sought bail – Per contra, the respondent-State contended that the matter involved national security, which stands threatened by the activities of the appellant – Held: The potential threat to national security, cannot be sustained, for two reasons – The first reason is that the project became operational in August 2010 and the disputes started between the parties in 2018 that too with regard to financial matters – The second reason, by virtue of interim measures of protection granted by the Arbitral Tribunal u/s. 17, the termination of Concession Agreement stands stayed – Therefore, the Company of which the appellant is the head, continues to operate the VTPMS Project – The Arbitral Tribunal has also permitted the State Police to be there at the Project and allowed Maritime Board to depute a competent person, familiar with the project in question, to supervise and monitor the functioning of the Project – Also, the period of six months within which the High Court hoped the trial to commence, has expired as on date – Therefore, appellant is entitled to bail and is directed to be released on bail.
Judge	Hon'ble Mr. Justice V. Ramasubramanian
Neutral Citation	2020 INSC 441
Petitioner	Jinofer Kawasji Bhujwala
Respondent	The State Of Gujarat
SCR	[2020] 5 S.C.R. 383
Judgement Date	2020-06-19
Case Number	460

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Jinofer Kawasji Bhujwala Vs. The State of Gujarat

Please Log-in to view this content

State of Gujarat Vs. Narendra K. Amin

Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. Vs. The State of Gujarat

Bhagirath Sinh S/o Mahipat Singh Judeja Vs. State of Gujarat

Mukeshbhai Vallabhbhai Abhangi Vs. State of Gujarat

Fida Hussain Bohra Vs. The State of Maharashtra

Gobarbhai Naranbhai Singala Vs. State of Gujarat & Ors.

Ravindersingh @ Ravi Pavar Vs. State of Gujarat

Smt. Najmunisha Vs. The State of Gujarat

Gujarat State Deputy Executive Engineers` Association Vs. State of Gujarat and Ors.

Jinofer Kawasji Bhujwala Vs. The State of Gujarat

Jinofer Kawasji Bhujwala Vs. The State of Gujarat

Please Log-in to view this content

Similar Documents

State of Gujarat Vs. Narendra K. Amin

Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. Vs. The State of Gujarat

Bhagirath Sinh S/o Mahipat Singh Judeja Vs. State of Gujarat

Mukeshbhai Vallabhbhai Abhangi Vs. State of Gujarat

Fida Hussain Bohra Vs. The State of Maharashtra

Gobarbhai Naranbhai Singala Vs. State of Gujarat & Ors.

Ravindersingh @ Ravi Pavar Vs. State of Gujarat

Smt. Najmunisha Vs. The State of Gujarat

Gujarat State Deputy Executive Engineers` Association Vs. State of Gujarat and Ors.

Jinofer Kawasji Bhujwala Vs. The State of Gujarat