[Cites 1, Cited by 0]
Gujarat High Court
Sabil @ Sabir Kasam Osman Memon vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8517/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8517 of 2026
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SABIL @ SABIR KASAM OSMAN MEMON
Versus
STATE OF GUJARAT
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Appearance:
MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned APP 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.
11993013260003 of 2026 registered with Kandla Marine Police
Station, Kutch, West- Gandhidham for the offence punishable
under Sections 316(3) and 61(2)(a) of the BNS, 2023.
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4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of
the allegation leveled, 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.
6. The original complainant Gunwantbhai Laljibhai Patel and
the concerned authorized persons of the firm namely, Pankit
Shambhubhai and Khimajibhai Aganiya, whose rice consignment
was transported at the relevant time, were present before the
court at the time of hearing of CRMA No. 8087 of 2026 on
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R/CR.MA/8517/2026 ORDER DATED: 23/04/2026
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08.04.2026. All these three persons had affirmed the averments
of the respective affidavits and had submitted that, they had
received the entire stolen consignment of rice, for which the FIR
came to be lodged by original complainant Gunwantbhai. This
Court has taken judicial notice of such previous development.
7. 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 Kutch-
Gandhidham district, hence would be available at the time
of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation is completed and charge-sheet has been
laid before the concerned trial court;
iv. As per the prosecution case, the applicant was the driver of
the truck which was used for stealing of rice bags and getting
the gate pass;
v. The matter is amicably settled between the parties. The
complainant and concerned authorized persons were
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personally present before this Court and had filed affidavits to
that effect, matter was settled between the parties.
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 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. 11993013260003 of 2026 registered with Kandla
Marine Police Station, Kutch, West- Gandhidham, 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;
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R/CR.MA/8517/2026 ORDER DATED: 23/04/2026
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[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 passport, if any, to the lower court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
[d] not leave the geographical limits of District Kutch-
Gandhidham without prior permission of the Sessions Court
concerned;
[e] furnish his present address of his residence to the I.O. and
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
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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 the matter.
11. Bail bond to be executed before the trial 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.
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)
ANIRUDH OJHA
