[Cites 2, Cited by 0]
Gujarat High Court
Sazeb Firozbhai Kherani vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/3840/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 3840 of 2026
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SAZEB FIROZBHAI KHERANI
Versus
STATE OF GUJARAT
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned Senior Advocate Mr.Nirupam Nanavaty
with learned advocate Mr.Suraj Shukla appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr.Jay
Mehta 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. 11201018250032/2025 registered with CID
Cybercrime Police Station, Gandhinagar for the offence
punishable under Sections 317(2), 318(4), 61(2), 336(2),
336(3), 338, 340(2) of the BNS and Sections 66(c), 66(d) of
the IT Act.
NEUTRAL CITATION
R/CR.MA/3840/2026 ORDER DATED: 20/02/2026
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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 levelled, the applicant may be enlarged on
regular bail. It is further submitted that since the charge-
sheet is filed no useful purpose would be served by keeping
the applicant in jail for indefinite period. 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 the discretion in
favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. While the FIR and the charge-sheet inter alia state with
NEUTRAL CITATION
R/CR.MA/3840/2026 ORDER DATED: 20/02/2026
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regard to the accused indulging in the activity of
laundering money which was proceeds of crime etc. by
using mule accounts and whereas, prima facie, it would
appear that the allegation levelled against the present
applicant may not be co-relatable with the general
allegations levelled in the FIR and the charge-sheet.
ii. The allegation levelled against the present applicant is
that he had agreed to sell scrap to the main accused
without any bill and for such sale of scrap, he would get
commission of Rs.1.25 lakhs per truck.
iii. The allegation further being that the applicant had dealt
in around 230 trucks of scrap and earned commission of
around Rs.2.5 crores.
iv. As noticed hereinabove, the said allegation may not have
any co-relation with the main crime and whereas, what is
attempted to be submitted by learned APP being that the
money given by the main accused were proceeds of crime,
yet, it does not appear that the present applicant was in
any way either connected to the main conspiracy or was
aware in any manner whatsoever that the sale proceeds
which was given to him were proceeds of a crime.
NEUTRAL CITATION
R/CR.MA/3840/2026 ORDER DATED: 20/02/2026
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v. This Court has also considered the fact that the
applicant is in custody since 29.11.2025, the charge-sheet
having been filed and the applicant not having any
antecedents.
vi. Having regard to the above, since it appears that
present applicant may not being a very honest trader, not
having paid GST or income tax, yet, there may not be any
allegation of having indulged in commission of offence as
alleged in the FIR and the charge-sheet, this Court is
inclined to consider this application.
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.
7. 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.
NEUTRAL CITATION
R/CR.MA/3840/2026 ORDER DATED: 20/02/2026
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8. 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. 11201018250032/2025 registered with
CID Cybercrime Police Station, Gandhinagar, on executing a
bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety
of the like amount to the satisfaction of the trial Court and
subject to the conditions that he shall;
[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;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and
also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to
the I.O.;
[f] mark presence once a month for a period of six months
before the concerned police station.
NEUTRAL CITATION
R/CR.MA/3840/2026 ORDER DATED: 20/02/2026
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9. The Authorities will release the applicant only if he 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 Court concerned will be free to take appropriate
action in the matter.
10. Bail bond to be executed before the 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.
11. At the stage of trial, the trial 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
considering the application of the applicant for being released
on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
