Gujarat High Court
Mohamad Ansar Abdul Sattar Shaikh vs State Of Gujarat on 23 June, 2023
Bench: Nirzar S. Desai
R/CR.MA/18941/2022 ORDER DATED: 23/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18941 of 2022
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MOHAMAD ANSAR ABDUL SATTAR SHAIKH
Versus
STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 23/06/2023
ORAL ORDER
1. Heard learned advocate Mr. Zubin Bharda for the applicant and
learned Additional Public Prosecutor Mr. Manan Mehta for the
respondent - State.
2. By this application filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicant is seeking release on
regular bail in connection with the FIR being C.R.No.
11210061210073 of 2021 registered with Lalgate Police
Station, Surat City for the offences punishable under Sections
3(1)(ii), 3(2), 3(3) and 3(4) etc. of the Gujarat Control of
Terrorism and Organized Crime Act, 2015 (herein after referred
to as 'the GOJCTOC Act' for short) and under Section 201 of
the IPC.
3. Learned Counsel appearing for the applicant states that there
is no case registered and charge sheet is filed against the
present applicant after the GOJCTOC Act came into force with
effect from 05.12.2019, and therefore, even if, the judgment of
R/CR.MA/18941/2022 ORDER DATED: 23/06/2023
Hon'ble Supreme Court, in case of State of Gujarat V. Sandip
Omprakash Gupta dated 15.12.2022 passed in Criminal
Appeal No. 2291 of 2022, is considered, then in that case also,
that judgment also would be adversely applicable only in
cases, wherein, there is at least one offence against applicant
is registered, pursuant to which, the charge sheet is filed after
the Act came into force, and therefore, prima facie, present
applicant, not being involved in any of the offences after the Act
came into force, is required to be enlarged on bail by imposing
suitable terms and conditions.
4. On the other hand, learned APP has vehemently opposed the
application and submitted that present applicant is arrested
under the Act considering the totality of the facts and
circumstances and also the past offences, wherein, the
applicant was involved. He further submitted that as the totality
of the facts and circumstances indicates that present applicant
is a habitual offender, who operates in a systematic way in
organized crime, he should not be enlarged on bail.
5. In the facts and circumstances of the case and considering the
nature of allegations, this Court is of the opinion that, discretion
is required to be exercised to enlarge the applicant on regular
bail. This Court has considered the following facts while
exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 04.10.2021
(ii) the investigation is over and the charge-sheet is filed, ;
(iii) trial may take its own time.
R/CR.MA/18941/2022 ORDER DATED: 23/06/2023
(iv) prima-facie, this Court, on perusal of the record, found
that there is no offence registered against present
applicant after the act came into force i.e. 05.12.2019, for
which, the charge sheet is filed and the aforesaid facts
are verified by learned APP from a person who is present
along with record before this Court namely S.J.Gohil,
Head Constable and as nothing could be pointed out
before this that for any offence was registered for which
the charge sheet is filed against present applicant after
05.12.2019, the ratio laid down by the Hon'ble Supreme
Court, in case of State of Gujarat V. Sandip Omprakash
Gupta (Supra) would be applicable in present case.
(v) the report produced by the Investigating Agency is taken
on record.
6. In view of the aforesaid facts, without discussing the evidence
in detail, this Court, prima facie, is of the opinion that, this is a
fit case to exercise the discretion and enlarge the applicant on
regular bail. Hence, present application is allowed and the
applicant is ordered to be released on regular bail in
connection with the FIR being C.R.No. 11210061210073 of
2021 registered with Lalgate Police Station, Surat City on
executing personal bond of Rs.10,000/- (Rupees Ten thousand
only) with one surety of the like amount to the satisfaction of
the learned Trial Court and subject to the conditions that he
shall;
[a] not take undue advantage of liberty or misuse liberty;
R/CR.MA/18941/2022 ORDER DATED: 23/06/2023
[b] not act in a manner injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave India without prior permission of the Sessions
Judge concerned;
[e] furnish latest address of residence to the Investigating
Officer and also to the Court at the time of execution of
the bond and shall not change the residence without prior
permission of the trial Court;
[f] mark his presence before the concerned police station in
the first week of every month till the trial is over;
7. The Authorities will release the applicant only if the applicant 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 Judge concerned will be free to issue warrant or
take appropriate action in the matter. Bail bond to be executed
before the learned Lower Court having 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. At the trial, learned Trial Court shall not be influenced by
the observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicant on bail.
8. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(NIRZAR S. DESAI,J)
F.S.KAZI....
