A sessions court in Gandhinagar on Monday refused to grant anticipatory bail to designated senior lawyer I H Syed facing arrest for allegedly assaulting and extorting from a businessman at the bungalow of ex Gujarat chief minister Shankersinh Vaghela along with five other accused.
The court held that Syed's "custodial interrogation is required" as the investigation is yet to be completed. Similar applications of other accused were also rejected.
Additional sessions judge, D K Soni, while rejecting the anticipatory bail application, held that "considering the entire police papers...FIR, this is not a fit case to exercise discretionary powers in favour of the accused at this stage." The court has stated in the order, "Investigation has not been completed yet and charge sheet has not been filed in the alleged offence. Thus, prima facie investigation in this regard is necessary and therefore, custodial interrogation is necessary.
The court has quoted the prosecution's submission that being a senior advocate of Gujarat high court, Syed reportedly made an agreement in his office computer and allegedly "threatened" the complainant" that he would be "kept in police custody for 15 years." The order mentions that the draft of the disputed agreement was found from Syed's office computer during a police raid.
Syed and five others-Bhaumik Thakkar (ex CM Vaghela's personal assistant), Jankar Solanki, Kuren Amin, Ikshit Amin and Ravi Chaudhary, are accused of assault, extortion, wrong confinement, criminal intimidation in an FIR registered with Gandhinagar police station on the basis of a complaint filed by Viral Shah, chief executive officer of Gyscoal Alloys Limited.
The complainant has said that six accused including Syed allegedly forced him to sign an agreement at Vasant Vihar, house of ex CM Vaghela, asking him to take responsibility for the losses incurred in the Skoda showroom deal. Shah was allegedly assaulted after he refused to sign the paper. He somehow managed to escape and filed the FIR the next day.
Syed has told the court that FIR against him is a "counterblast" to the FIR registered against Shah, and 25 others, in December 2021 with the CID (crime) based on a complaint filed by Kuren Amin. Syed represented Amin in this case. Subsequently, Shah was arrested and remained in jail for 27 days. He was released as his bail was not opposed since he is said to have agreed to settle the case by paying Rs 20 crore to Amin to fulfil the liability. Eventually, the FIR was quashed on May 2, but Shah didn't pay. Syed has alleged that Shah registered this FIR "to escape from the liability to pay the sum agreed upon."
Syed's arrest seems imminent with his request for protection getting denied by the Gujarat high court. A noted criminal lawyer, Syed had represented CBI as special counsel in Ishrat Jahan and Sadiq Jamal Mehtar encounter cases and appeared for a many IPS officers including Satish Verma, Rahul Sharma (retired) and Sanjiv Bhatt (retired and currently in jail), among others, in their legal battle against the state government.
Syed had appeared for victims in Ishrat Jahan and Sohrabuddin Sheikh encounter cases. He also represented Raman and Dashrath Patel, of Popular Builders group, who were the key witnesses in the Sohrabuddin Sheikh encounter case. They had testified before CBI court naming IPS officers (retired) D G Vanzara, Abhay Chudasama, serving as Inspector General of Police, Gandhinagar range, Rajkumar Pandian, Inspector General of Police, Surat Range, Rajkumar Pandian, among others. All the officers were discharged by the special CBI court. The Patel brothers are languishing in jail in various offences.