Gujarat High Court
State Of Gujarat vs Firojkhan Munsafkhan Pathan on 10 January, 2024
NEUTRAL CITATION
R/CR.MA/21794/2022 ORDER DATED: 10/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
21794 of 2022
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STATE OF GUJARAT
Versus
FIROJKHAN MUNSAFKHAN PATHAN
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Appearance:
MS AV PATEL APP for the Applicant(s) No. 1
MR ZUBIN F BHARDA(159) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/01/2024
ORAL ORDER
1. By way of the present petition under Section 438 of the
Code of Criminal Procedure, 1973, the petitioner State has
prayed to quash and set aside the order dated 26/07/2022
passed by the learned 8th Addl. Sessions Judge, Ahmedabad
Rural in Criminal Misc. Application No.2212 of 2022, whereby
the learned Session Judge has granted anticipatory bail granted
to the respondent - original accused.
2. Learned APP disputes that no reasons has been given by
the learned trial Court while granting anticipatory bail to the
respondent and merely on the fact that co-accused has been
given anticipatory bail considering the similarity of role,
respondent has been granted anticipatory bail. She would
therefore submit to allow this petition.
3. Objecting to the above submissions, learned Advocate for
the respondent would submit that the co-accused who has been
NEUTRAL CITATION
R/CR.MA/21794/2022 ORDER DATED: 10/01/2024
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granted anticipatory bail in respect of which learned APP has
made submission, this Court has dismissed the application filed
the State being CR.MA No.21789 of 2022 seeking cancellation of
anticipatory bail granted to the co-accused as per order dated
19/07/2023.
4. Having considered the submissions of rival sides, since this
Court has taken a view of dismissing the petition preferred by
the State seeking cancellation of bail in respect of co-accused,
this Court does not find any circumstances to adjudge the
impugned order as unjust and contrary to the settled principles
of law.
5. In Bhagwan Singh v Dilip Kumar @ Deepu @ Depak
reported in 2023 INSC 7613, the Hon'ble Apex Court after
considering judgment in case of Dolat Ram v State of Haryana,
(1995) 1 SCC 349; Kashmira Singh v Duman Singh, (1996) 4
SCC 693 and X v State of Telangana, (2018) 16 SCC 511, held as
follows:
'13. It is also required to be borne in mind that when a
prayer is made for the cancellation of grant of bail
cogent and overwhelming circumstances must be
present and bail once granted cannot be cancelled in a
mechanical manner without considering whether any
supervening circumstances have rendered it in
conducing to allow fair trial. This proposition draws
support from the Judgment of this Court in Daulat
Ram and others v. State of Haryana reported in (1995)
1 SCC 349, Kashmira Singh v. Duman Singh (1996) 4
SCC 693 and xxx v. State of Telangana (2018) 16 SCC
511.'
NEUTRAL CITATION
R/CR.MA/21794/2022 ORDER DATED: 10/01/2024
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6. Before parting with the order, I may also refer the
observations made in the recent decision by the Hon'ble Apex
Court in case of Kekhriesatuo Tep and others Vs.National
Investigating Agency reported in (2023) 6 SCC 58. The relevant
observation made in para 19 reads as under:-
"The Special Judge has himself distinguished cases of the persons
who 이 have indulged into extortion for furthering the activities of
the organisation and red the persons like the present appellants,
who were government servants, and er, compelled to contribute
the amount. Hence, it cannot be said that the prima ell facie
opinion, as expressed by the Special Judge, could be said to be
perverse or impossible."
7. Resultantly, present petition fails and stands dismissed.
Notice discharged.
(J. C. DOSHI,J)
sompura
