High Court Sets Aside Trial Court Decision in Dilip Mulani Case

In a recent legal development, the High Court has made a significant decision in the case involving Dilip Mulani. The court has overturned the trial court’s ruling, emphasizing the requirement for a complete trial to ascertain the accused’s role in the alleged conspiracy. This ruling marks a crucial turning point in the ongoing legal proceedings. #LegalUpdate #HighCourt #DilipMulani


  • High Court of Gujarat set aside the decision of the Trial Court rejecting the discharge application of Dilip Mulani.
  • Dilip Mulani is accused of committing offenses under Section 120-B of the Indian Penal Code and sections 7, 12, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.
  • The involvement of the present applicant accused in the payment of illegal gratification to Shri Anand Singh Mall has been established.
  • Evidence includes entries in expenditure note books, telephonic conversations, and receipts of payment.
  • Shri Dilip Mulani is implicated in the conspiracy along with Shri Mehul Zaveri and Shri Dushyant Mulani.
  • Transfers of large sums of money are documented and linked to the bribery scheme.
  • The role of the accused in facilitating the illegal payments to Shri Anand Singh Mall is evident.
  • Witnesses have identified voices of key individuals involved in the scheme.
  • The charge of criminal conspiracy requires a meeting of minds to commit illegal acts, secrecy was maintained in this case.
  • A full-fledged trial is deemed necessary to prove the guilt of the present applicant accused.

Also Read: Court’s Jurisdiction in Re-appraising Arbitrator’s Findings


  • The judge thoroughly reviewed the telephonic conversation records, witness statements, and documents to identify the place of agreement not disclosed in the charge-sheet.
  • The judge examined the elements of Sections 107 and 108 of the Indian Penal Code in relation to abetment of illegal gratification and bribery.
  • Both the prosecution and defense arguments were considered regarding the presence of sufficient evidence showcasing criminal conspiracy by the accused.
  • While the FIR initially did not name the accused, it’s established that lack of initial mention does not invalidate the prosecution’s case.
  • Prosecution is obligated to provide substantial evidence of the accused’s involvement, which appeared lacking in the present case based on witness statements and documents.
  • The court refrained from delving into the merits of the discharge application’s arguments and reversed the High Court’s judgment as being perceived as unreliable.
  • The High Court had set aside the Trial Court’s order and allowed the discharge application, noting that a full trial was necessary to determine the accused’s involvement in the alleged conspiracy.
  • High Court found no evidence against the respondent.
  • Trial Court had relevant evidence pointing towards involvement of the respondent.
  • High Court did not analyze the factual aspects considered by the Trial Court.
  • High Court’s approach deemed unacceptable and failing judicial scrutiny.
  • High Court allowed the discharge application without proper factual analysis.

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  • Parties are relegated before the High Court for reconsideration of the Criminal Revision Application.
  • No opinion expressed on the merits of the discharge application.
  • High Court to deal with all aspects as per law and decide the Revision Application expeditiously.
  • High Court reminded of the provisions of Section 19 of Prevention of Corruption Act for expeditious trial completion.
  • The impugned judgment and order set aside, and the revision application remanded to the High Court.

Also Read: Application for Stay in Civil Suit Rejected: Court’s Legal Analysis


Case Number: Crl.A. No.-001252-001252 / 2019

Click here to read/download original judgement

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