In a recent judgment by the Gujarat High Court, bail has been granted to an active syndicate member involved in the case. The Court carefully analyzed the circumstances and legal precedents before making this decision. The case involved various offenses under the IPC, Gujarat Police Act, and GUJCTOC Act. Despite objections raised by the prosecuting agency, the Court found it fit to grant bail to the applicant. Read on to know more details about this significant ruling.
Facts
- Application filed for regular bail under Section 439 of CrPC
- FIR registered with Una Police Station for various offences under IPC, Gujarat Police Act, and GUJCTOC Act
- Learned advocate for applicant seeks regular bail with suitable conditions
Arguments
- Incident took place on 23.02.2023, FIR lodged on the same day.
- Applicant arrested on 30.05.2023 based on co-accused statement.
- Applicant in judicial custody since arrest, no recovery or discovery at his instance.
- Provisions of GUJCTOC Act added during charge-sheet submission.
- Charge-sheet submitted against total of 14 accused persons.
- Learned APP vehemently objects to the bail application citing six offenses registered against the applicant in the last 10 years.
- Investigation is complete and charge-sheet has been submitted, mentioning the six offenses, two of which were registered after the GUJCTOC Act.
- One offense pertains to the Gambling Act and another is of a private nature.
- Prosecuting agency relies on the offenses in opposing the bail application.
- Applicant is considered an active member of an organized crime syndicate with more than 39 offenses registered against its members.
- Similar cases have been considered by the court, indicating the applicant’s active role in the syndicate.
- Due to the modus operandi and active role as a syndicate member, the applicant is not suitable for bail.
Analysis
- The present application was filed after the submission of the charge-sheet
- The investigation has been completed
- The applicant has been in jail since 30.05.2023
- Allegations have been levelled against the applicant
- The role played by the applicant has been considered
- The Court considered the offences registered against the applicant, with four offences before the GUJCTOC Act and two offenses after.
- The co-accused with an identical role was also considered for parity.
- Referred to legal precedents like Sanjay Chandra v. CBI and Satender Kumar Antil v. CBI.
- Without discussing evidence in detail, the Court found it a fit case for granting regular bail.
- The applicant was ordered to be released on bail on conditions including executing a personal bond, not misusing liberty, surrendering passport, marking presence at the police station regularly, and not entering Gir-Somnath District except for court proceedings.
- The applicant will only be released if not required in connection with any other offence.
- Failure to comply with conditions may result in the Sessions Judge taking appropriate action.
Decision
- At the trial, the trial Court should not be influenced by the preliminary observations made by the Court while granting bail.
- The bail bond should be executed before the lower Court having jurisdiction over the case.
- The lower Court has the authority to modify, delete, or relax any of the conditions set for bail in accordance with the law.
- Direct service is permitted in this case.
- The application has been allowed as per the judgment.
Case Title: SALMAN @ LINDI MUKHTARBHAI BLOACH (MAKRANI) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9067/2024
