Mohammadhussain @Munno @Tarbuch ... vs State Of Gujarat
2021 Latest Caselaw 7758 Guj

      R/CR.MA/11169/2021                              ORDER DATED: 05/07/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 11169 of 2021
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MOHAMMADHUSSAIN @MUNNO @TARBUCH ZAKIRHUSSAIN SHAIKH(IN
      F.I.R.) MOHAMMADHUSSAIN ZAKIRHUSSAIN SHAIKH
                          Versus
                    STATE OF GUJARAT
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Appearance:
MR AV NAIR(5602) for the Applicant(s) No. 1
MR RAJABHAI J GOGDA(3628) for the Applicant(s) No. 1
MR. HIMANSHU K PATEL,APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                               Date : 05/07/2021
                               ORAL ORDER

1) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11196010210001 of 2021 registered with D.C.B.Police Station, Vadodara City, District Vadodara for the offences under Sections 3(1)(i), 3(1)(ii), 3(2), 3(4) and 3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (for short " the GujCTOC) Act"), wherein he is apprehending his arrest.

2) Learned advocate for the applicant has submitted that no offence is registered against the applicant in respect of the offence mentioned in Section 2(e) defining "Organized Crime" to infer that the applicant was engaged in "continuing unlawful activity" as defined in Section 2(c), after the GujCTOC Act came into force on 05.11.2019, and accordingly, in light of the judgment of the Supreme Court in the case of State of Maharashtra vs. Shiva @ Shivaji Ramaji Sonawane, reported in AIR 2015 SC 2947, dealing with pari materia provisions of Maharashtra Control of Organized Crime Act, 1999, prima facie, no offence is made out against the present applicant, upon bare perusal of the allegations

R/CR.MA/11169/2021 ORDER DATED: 05/07/2021

made against the applicant in the impugned FIR.

3) Learned APP Ms. Thakker has submitted that the issue is at large before the First Court, and hence, the matter may be listed tomorrow.

4) Learned advocate Mr. Nair for the applicant has submitted that the applicant is also a party to the litigation, which is pending before the First Court.

5) RULE returnable on 06.07.2021. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(A. S. SUPEHIA, J) VISHAL MISHRA