Sahidbhai Subhanbhai Multani (Name As ... vs State Of Gujarat

Citation : 2026 Latest Caselaw 1840 Guj
Judgement Date : 1 April, 2026

[Cites 1, Cited by 0]

Gujarat High Court

Sahidbhai Subhanbhai Multani (Name As ... vs State Of Gujarat on 1 April, 2026

                                                                                                             NEUTRAL CITATION




                           R/CR.MA/7536/2026                                   ORDER DATED: 01/04/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                        CHARGESHEET) NO. 7536 of 2026

                      ==========================================================
                             SAHIDBHAI SUBHANBHAI MULTANI (NAME AS PER LEARNED
                                          SESSIONES COURT ORDER)
                                                   Versus
                                             STATE OF GUJARAT
                      ==========================================================
                      Appearance:
                      MS TANAVEER K LOLADIA(9994) for the Applicant(s) No. 1
                      MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
                              DESAI

                                                           Date : 01/04/2026

                                                            ORAL ORDER

1. Heard learned advocate Ms. Tanaveer Loladia appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Niraj Sharma appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11189003252116 of 2025 registered with A Division Morbi City Page 1 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:41:43 IST 2026 NEUTRAL CITATION R/CR.MA/7536/2026 ORDER DATED: 01/04/2026 undefined Police Station, District Morbi for the offence punishable under Sections 111(2)(b), 316(5), 318(4), 61(2), 54 and 317(2) of the BNS, 2023.

4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. It is further contended that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.

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NEUTRAL CITATION R/CR.MA/7536/2026 ORDER DATED: 01/04/2026 undefined

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. The applicant is a permanent resident of Morbi district, hence would be available at the time of trial;
ii. The are no criminal antecedents against the applicant; iii. As per the prosecution case, the applicant's role was limited to withdrawal of the fraudulent deposits in the accounts of A.U.Small Finance Bank and IDBI Bank, both situated at Morbi, and thereafter, paying the said amounts to the accused Nos.2, 3 and 4, for which he had received commission;

7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

8. In the facts and circumstances of the case and considering the Page 3 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:41:43 IST 2026 NEUTRAL CITATION R/CR.MA/7536/2026 ORDER DATED: 01/04/2026 undefined nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No.11189003252116 of 2025 registered with A Division Morbi City Police Station, District Morbi, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

[c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;

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NEUTRAL CITATION R/CR.MA/7536/2026 ORDER DATED: 01/04/2026 undefined [d] not leave the local limits of Morbi district without prior permission of the Competent Court concerned; [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;

[f] mark his presence on every Monday before the concerned police station till the trial is over;

[g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station.

10. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law.

11. Bail bond to be executed before the trial court having Page 5 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:41:43 IST 2026 NEUTRAL CITATION R/CR.MA/7536/2026 ORDER DATED: 01/04/2026 undefined jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

12. At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail.

13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(UTKARSH THAKORBHAI DESAI, J) KAJAL Page 6 of 6 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:41:43 IST 2026