Gujarat High Court
State Of Gujarat vs Mohammad Husain @ Munna Tarbuch Zakir ... on 4 May, 2026
NEUTRAL CITATION
R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026
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Reserved On : 05/03/2026
Pronounced On : 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
3238 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
==========================================================
Approved for Reporting Yes No
========================================================== STATE OF GUJARAT Versus MOHAMMAD HUSAIN @ MUNNA TARBUCH ZAKIR HUSSAIN SHEIKH ========================================================== Appearance:
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Applicant(s) No. 1 RULE SERVED for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI CAV ORDER
1. The applicant - State of Gujarat has preferred the present application against the respondent - accused, praying for cancellation of bail under Section 439(2) of the Criminal Procedure Code, 1973.Page 1 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026
NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined
2. The offence came to be registered against the respondent - accused by DCB Police Station, Vadodara vide I-C.R. No. 11196010210001 of 2021 for the offence punishable under Sections 3(1)(i) & (ii), 3(2), 3(4) and 3(5) of the Gujarat Control Terrorism and Organized Crime Act, 2015.
3. The respondent - accused had preferred regular bail application under Section 439 of Code of Criminal Procedure, 1973 before the learned Sessions and Special Judge of Vadodara vide Criminal Misc. Application No. 2192 of 2021, which came to be allowed by the learned Sessions and Special Judge of Vadodara on 07.10.2021 subject to conditions. The applicant - State has challenged the said order by way of this application.
4. The applicant State by way of this application has submitted that, the order of the learned Sessions and Special Judge of Vadodara is illegal, improper and against Page 2 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026 NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined the provisions of law and against criminal jurisdiction. It is further mentioned that, the learned Sessions and Special Judge ought to have considered that, there are 5 offences registered against the respondent - accused, which are serious in nature and which relate to offences against the body. It is also mentioned that, the learned Sessions and Special Judge of Vadodara ought to have considered the confessional statement of the accused, which came to be recorded under Section 16 of the GUJCTOC Act, by the Investigation Officer, and, the antecedents against the respondent accused being serious in nature.
4.1 Learned APP Mr. Soaham Joshi has submitted that, the respondent accused having been enlarged on bail by the learned Sessions and Special Judge, Vadodara was subject to conditions wherein, condition no. (a) was about the respondent accused not to take undue advantage or misuse liberty, condition no. (c) was about the respondent accused not indulging himself Page 3 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026 NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined in identical or any other offence. It is pertinent to observe that, the learned Sessions and Special Judge of Vadodara by way of paragraph no. 3 in the operative part of the order had observed that, "breach of any condition shall invite cancellation of bail invariably."
4.2 Learned APP Mr. Joshi has drawn the attention of the court to the fact that, one more FIR came to be registered against the applicant on 08.08.2025 i.e. after he was released on bail by the learned Sessions Judge and Special Judge of Vadodara, by the Panigate Police Station wherein, he was named as accused no. 1. The said FIR was registered vide Part A I- C.R. No. 11196017250371 of 2025, for the offences alleged to have been committed under Sections 115(2), 296(b), 351(3), 54 of BNS, 2023 and Section 135 of G.P. Act. 4.3 Thus, learned APP has submitted that the respondent - accused had committed a clear and Page 4 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026 NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined unequivocal breach of two of the above mentioned bail conditions, and hence, has invited cancellation of bail.
5. The Hon'ble Apex Court in the judgement of Ms. P. v. The State of Madhya Pradesh and another reported in 2022 LiveLaw (SC) 448 has discussed the circumstances where bail granted to the accused under Section 439(1) of the Criminal Procedure Code, 1973 can be cancelled. The said paras are reproduced as under:
"24. As can be discerned from the above decisions, for cancelling bail once granted, the Court must consider whether any supervening circumstances have arisen or the conduct of the accused post grant of bail demonstrates that it is no longer conducive to a fair trial to permit him to retain his freedom by enjoying the concession of bail during trial. To put it differently, in ordinary circumstances, this Court would be loath to interfere with an order passed by the Court below granting bail but if such an order is found to be illegal or perverse or premised on material that is irrelevant, then such an order is susceptible to scrutiny and interference by the Appellate Court. Some of the circumstances where bail granted to the accused under Section 439 (1) of the Cr.P.C. can be cancelled are enumerated below: -
a) If he misuses his liberty by indulging in similar/other criminal activity;
b) If he interferes with the course of investigation;
c) If he attempts to tamper with the evidence; Page 5 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026
NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined
d) If he attempts to influence/threaten the witnesses;
e) If he evades or attempts to evade court proceedings;
f) If he indulges in activities which would hamper smooth investigation;
g) If he is likely to flee from the country;
h) If he attempts to make himself scarce by going underground and/or becoming unavailable to the investigating agency;
i) If he attempts to place himself beyond the reach of his surety.
j) If any facts may emerge after the grant of bail which are considered unconducive to a fair trial. We may clarify that the aforesaid list is only illustrative in nature and not exhaustive.
25. Keeping the aforesaid parameters to be borne in mind when dealing with a petition where not only has the order granting bail been assailed on the ground of perversity and illegality, supervening circumstances have been pleaded by the appellant that justify interference by this Court, we may now proceed to deal with the instant case."
6. This court is in agreement with the submission of learned APP that, the applicant was subsequently involved in an offence committed under Sections 115(2), 296(b), 351(3), 54 of BNS, 2023 and Section 135 of G.P. Act, for which, the FIR came to be registered by Panigate Police Station Page 6 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026 NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined vide Part A I- C.R. No. 11196017250371 of 2025. The learned APP has also placed on record the copy of the said FIR, wherein, it is mentioned that, the respondent - accused along with other persons, picked up a fight with complainant Nilesh Ganesh Kahar, abused him verbally and thereafter, had beaten him, and had threatened him of dire consequences.
7. In the light of this subsequent FIR, the applicant has committed breach of the bail conditions (a) and (c), which were imposed by the learned Special and Sessions Judge in the order passed in Criminal Misc. Application No. 2192 of 2021 on 28.06.2021.
8. In the aforesaid facts, it appears to this Court that, the respondent no.1 accused does not believe in upholding the sanctity of the Court's order and accordingly, the bail which came to be granted to him by the learned Sessions and Special Judge of Vadodara vide order passed in Criminal Misc. Application No. 1289 of 2021 on 07.10.2021 in the offence alleged to have been committed under the Page 7 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026 NEUTRAL CITATION R/CR.MA/3238/2022 CAV ORDER DATED: 04/05/2026 undefined GUJCTOC Act, deserves to be cancelled, and accordingly, the same is hereby cancelled. The Investigation Officer of FIR bearing Part-A I-C.R. No. 11196010210001 of 2021, which came to be registered by DCB Police Station, Vadodara, is directed to forthwith arrest the respondent no.1 accused in accordance with law. The application stands allowed accordingly.
(UTKARSH THAKORBHAI DESAI, J) DIVYA Page 8 of 8 Uploaded by DIVYA PILLAI(HC00199) on Wed May 06 2026 Downloaded on : Wed May 06 21:43:36 IST 2026