Gujarat High Court
Shahil Saidahmad Sumra vs State Of Gujarat on 15 September, 2025
NEUTRAL CITATION
R/CR.A/2294/2025 ORDER DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 2294 of
2025
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SHAHIL SAIDAHMAD SUMRA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AV NAIR WITH MR RAHUL RAJHANS(12788) for the
Appellant(s) No. 1
MR. RAUHAN R GOGDA(18582) for the Appellant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 15/09/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.
2. By way of this appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R.No.I-06 of 2018 registered with Chhotaudepur Police Station, District Chhotaudepur for the alleged offences as mentioned in the FIR.
3. Heard learned advocate Mr. A. V. Nair assisted by learned advocate Mr. Rahul Rajhans for the appellant and learned APP Mr. Hardik Soni for the respondent - State.
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4. Learned advocate Mr. A. V. Nair assisted by learned advocate Mr. Rahul Rajhans submits that the so-called incident is occurred on 14.01.2018, whereas, on the next day i.e. on 15.01.2018, FIR is registered against total 16 accused, wherein, name of the appellant is shown at serial No.14. He further submits that pursuant to the registration of the FIR, investigation commenced and as soon as this fact has come to the notice of certain accused persons, they approached before this Court by way of preferring a petition, whereby, they prayed to quash the FIR qua the offence punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act qua them, wherein, they have been protected by the Coordinate Bench of this Court and subsequently the said petition is allowed and FIR came to be quashed qua the said petitioners sofar as the offence under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is concerned. The copy of the said order is annexed along with the memo of the petition. Learned advocate Mr. Nair has submitted that it is an admitted position of fact that present appellant has not approached before this Court and he is not protected, despite the said fact, for the reasons best Page 2 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined known to the investigating officer, appellant has not been apprehended and investigation has not been carried out in a particular direction by the investigating officer. He further submits that in fact altogether a different incident is occurred and with a sole intent to save his skin, the police officer concerned has created false and fabricated narration of facts. He further submits that in fact the police officer concerned along with other members of the police party had gone to a particular place and beaten- up number of persons, due to which, one lady had sustained serious injuries and she was hospitalized for the purpose of getting treatment and subsequently a private complaint came to be registered by her before the competent Court. Those documents are placed on record, which clearly go on to show that with a sole intent to save their skin from criminal liability, a false and fabricated defence is generated by the police officer. The appellant is working in Nagarpalika and there is no antecedent against him. Thus, considering the aforesaid totality of the facts of the matter, bail application of the appellant may be entertained. He further submits that it is the specific case of the prosecution that mob of around 100 persons made attack upon the police officers, wherein, appellant is one of the Page 3 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined members and except that no other role is attributed to the appellant. He, therefore, submits that looking to the aforesaid overall facts of the present case, appellant may be enlarged on bail by imposing suitable terms and conditions.
5. On the other hand, learned APP Mr. Hardik Soni for the respondent - State has objected present application with vehemence and submitted that name as well as specific role of the appellant is clearly mentioned in the body of the FIR. The members of the mob had made daring attack upon the police personnel. It is the specific case of the prosecution that one of the members of the mob with a sole intent to kill the complainant has tried to inflict sword blow upon the body of the complainant but he has timely saved himself from such blow but the fact remains that all the members of the mob had made daring attack upon the members of the police party, despite the fact that all the members were in uniform and they were trying to stop the members of rival groups. Therefore, charge of Sections 307 and 332 of the Indian Penal Code is levelled against the members of an unlawful assembly. He further submits that members of the police party are working in the said city since last many years and they are knowing the accused persons. He further submits that before the registration of Page 4 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined the FIR, statements of various police officers were recorded, wherein, name of the appellant is clearly mentioned that he was the member of the mob and it is settled proposition of law that if somebody is the member of an unlawful assembly, his individual role is not required to be seen. He, therefore, submits that this is the fit case, wherein, discretionary powers of anticipatory bail may not be exercised in favour of the appellant. Learned APP Mr. Soni further submits that pursuant to the registration of the FIR, investigation commenced and certain accused persons have approached before this court and this Court has stayed the proceedings and therefore investigation has not been carried out at that relevant point of time and as soon as the said petition is disposed of, the police machinery came into motion and tried to arrest the appellant but for the reasons best known to the appellant, he is evading his arrest. Thus, this is the fit case, wherein, discretionary powers of bail may not be exercised in favour of the appellant.
6. Having heard the learned advocates appearing for the parties and considered the materials available on record, it is found out that members of mob have made daring attack upon the complainant and other police officials while they were on duty and trying to control the Page 5 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined conflict between the two rival groups. It is the case of the prosecution that appellant is also one of the members of the mob. It is true that except the appellant being the member of the mob, no other role is attributed to him. However, the fact remains that appellant was also one of the members of an unlawful assembly the members of which had made attack upon the members of police party. I have also considered the statements of the witnesses, wherein, they have specifically stated that appellant was also one of the members of an unlawful assembly. It is settled law that if somebody is a member of an unlawful assembly, his individual role is not required to be seen and their common object and/or common intention can be generated even during the commission of crime. Here, in the instant case, the common object and intention of the members of an unlawful assembly was to interrupt the police officials from performing their duties. It is also the case of the prosecution that one of the members of the mob had inflicted sword blow to the complainant. However, somehow the complainant saved himself from the said blow.
7. I have also perused the contents of the FIR as well as other corroborative materials in the form of statements of the witnesses and considering the said materials, I am of the Page 6 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined opinion that, prima facie, involvement of the appellant in the commission of crime is found out. Though, at the stage of deciding bail, an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. Therefore, at this stage of deciding the present appeal seeking anticipatory bail, without discussing the evidence in detail, I restrict myself to the extent of offering prima facie opinion of involvement of the appellant in the commission of crime.
8. It is required to be noted that normal procedure prescribed for curtailing the right to life & liberty, is that the investigating officer can arrest the accused even without warrant. No doubt this Court has extraordinary power to protect an innocent person. However, this power has to be exercised by the Courts with due circumspection.
9. The Hon'ble Supreme Court in the case of Sumitha Pradeep Vs. Arun Kumar C.K. & Anr., reported in 2022 SCC OnLine SC 1529 held that merely because custodial interrogation is not required, by itself, could not be a ground to grant anticipatory bail. The first and the foremost thing the Court, while hearing the anticipatory bail application, has to consider is the prima facie case against the accused. The relevant Page 7 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined extract of the judgment is reproduced hereinbelow:-
"It may be true, as pointed out by learned counsel appearing for Respondent No.1, that charge-sheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation. Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be Page 8 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail."
10. Thus, while taking into consideration the ratio laid down by the Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre as also ratio laid down in other decisions, I have gone through the contents of the FIR, which is placed on record and also considered the affidavit of the investigating officer filed before the learned Judge concerned opposing the bail application preferred by the appellant. Upon going through the contents of the FIR, it appears that prima facie case is made out against the appellant and material collected so far suggests the involvement of the appellant in the commission of crime.
11. Hence, the present appeal seeking anticipatory bail, being devoid of merit, is hereby dismissed. Notice is discharged.
12. Needless to say that the observations and findings made hereinabove are limited to the decision of this pre-arrest bail appeal, and Page 9 of 10 Uploaded by LAVKUMAR J JANI(HC00210) on Tue Sep 16 2025 Downloaded on : Wed Sep 17 01:09:20 IST 2025 NEUTRAL CITATION R/CR.A/2294/2025 ORDER DATED: 15/09/2025 undefined shall not influence in any other proceedings arising out of the impugned FIR.
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