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Gujarat HC seeks state govt's reply in Pradeep Sharma's anticipatory bail plea

Sharma has been charged with criminal breach of trust by a public servant and dishonestly making false claim in a court in the FIR registered against him by the then mamlatdar of Tankara village under Rajkot.

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IAS officer Pradeep Sharma
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The Gujarat High Court on Monday admitted the anticipatory bail plea filed by former IAS officer Pradeep Sharma in connection with a FIR registered against him in a land allotment case in 2011 and sought a reply from the state government in this regard.

During the hearing of the plea on Monday, a single judge bench of the court issued notice to the state government directing it to file its reply in the matter by February 19. Notably, Sharma had moved an anticipatory bail plea before a district court in Morbi on December 27, 2018, against which he had moved the high court.

As per the case details, Sharma has been charged with criminal breach of trust by a public servant and dishonestly making false claim in a court in the FIR registered against him by the then mamlatdar of Tankara village under Rajkot.

As per the FIR, a land parcel allotted to a certain Dulabali Mehta in Anand Nagar village was confiscated by the state government in October 2000 for alleged breach of land allotment conditions. Mehta moved a land appeal case in 2006-07 before Sharma, who was the then collector of the region. Sharma allotted the land back to Mehta through an ex-parte order, which was challenged by the government before secretary (appeals), which ruled in government's favour. This was challenged by the Mehta before the high court, which upheld the order passed by Sharma.

It is the case of the petitioner that that the state is trying tooth and nail to falsely implicate him in multiple cases with a malafide intention. It has been also contended that a bare perusal of the FIR provides that no cognizable offence is made out against him and therefore, he must be granted bail in the case.

Sharma has also contended that since the high court had upheld the observations made by him in the land allotment case in September 2013, it is clear that the complaint against him is false and motivated. He has also refuted the allegation that the order for re-allotment of land was passed by him ex-parte, the former bureaucrat has contended that appeals filed by any private party is always decided ex-parte and in the absence of any additional representation made by the government in its routine course by any collector.

He has also submitted that the state is having vengeance and therefore, multiple FIRs have been registered against him to ensure that he remains behind bars.

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