Gujarat High Court
Rais Ahmed @ Raishmamu Gulamnabi Mamu ... vs State Of Gujarat on 29 July, 2022
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
R/CR.MA/23098/2021 ORDER DATED: 29/07/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 23098 of 2021 RAIS AHMED @ RAISHMAMU GULAMNABI MAMU (VORA) Versus STATE OF GUJARAT Appearance: MR M.NISAR VAIDHYA(33886) for the Applicant(s) No. 1 MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MS. M. D. MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 29/07/2022 ORAL ORDER
1. Heard learned advocate Mr. Mohddanish M. Barejia for the applicant and learned Additional Public Prosecutor Ms. M. D. Mehta for the respondent -- State.
2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R.No.11209056210972 of 2021 with Himmatnagar B Division Police Station, District:-
Sabarkantha for the offences punishable under Sections 3(1)
(ii), 3 (2), 3 (4) of the Gujarat Control of Terrorism and Organised Crime Act.
3. Learned advocate appearing for the applicant submitted that looking to the role of the applicant and nature of the allegations, the applicant may be enlarged on regular bail by Page lof 6 Downloaded on : Fri Jul 29 20:58:15 IST 2022 R/CR.MA/23098/2021 ORDER DATED: 29/07/2022 imposing suitable terms and conditions. Learned advocate Mr. Barejia for the applicant from the record pointed out that the petitioner has been arrested by invoking the provision of Gujarat Control of Terrorism and Organised Crime Act on the basis of only three offences registered against him in the year 2017 and 2018 and out of those three offence, in respect of two offences, the applicant has already been acquitted and one is pending in respect of the Arms Act. He further submitted that the co-accused in respect of the very FIR namely Rangaji Pratapji Thakore has been enlarged on bail vide order dated 25.02.2022 passed in Criminal Misc. Application No. 23225 of 2021 by the Coordinate Bench of this Court. Learned advocate Mr. Barejia further submitted that there is no offence registered against the present applicant after the Gujarat Control of Terrorism and Organised Crime Act came into the force and while making the aforesaid submissions, he prayed for enlarging the present applicant on bail.
4. Learned APP appearing for the respondent -- State vehemently opposed this application and submitted that the applicant is an active member of syndicate. She further submitted that in all, there are fourteen offences registered against the members of the syndicate, there are statement of witnesses. She further submitted that there are allegations against the present applicant supported by the statement of witnesses about extortion of money, giving threat to the witnesses and that acquittal of the applicant was on account of threat given by the Page 2o0f 6 Downloaded on : Fri Jul 29 20:58:15 IST 2022 R/CR.MA/23098/2021 ORDER DATED: 29/07/2022 applicant. Learned APP Ms. M. D. Mehta appearing for the respondent -- State relied upon the compilation separately. Learned APP from the compilation tried to point out that the present applicant is member of syndicate and considering his past record and likelihood of the applicant indulging into such kind of activities once again. She prayed for dismissal of this application for bail.
5. Learned advocates appearing for the respective parties do not press for further reasoned order.
6. Having heard the learned advocates for the respective parties and perusing the material placed on record and taking into consideration the facts of the case and nature of allegations, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
7. This Court has considered the following aspects:-
i. It is alleged by the learned APP that the petitioner is an active member of the syndicate, allegations against the applicant are not to the extent that he is acting behind the curtain in respect of activities of the gang, if that is so, in all there are three offences, for which charge-sheet have been filed against the applicant one each in the year 2017, 2018 and 2019. However, gravity of the offence would not indicate that if the applicant is granted bail, he is likely to indulge into any organized crime once again, Page 30f 6 Downloaded on : Fri Jul 29 20:58:15 IST 2022 R/CR.MA/23098/2021 ORDER DATED: 29/07/2022 as prima facie, this Court is of the opinion that the charge-sheet filed against the applicant where in respect of the offence committed by the applicant in respect of individual capacity and not as an organized crime.
ii. Co-accused namely Rangaji Pratapaji Thakore who was also alleged to have been member of the syndicate is released by the Coordinate Bench of this Court vide order dated 25.02.2022 passed in Criminal Misc. Application No.23225 of 2021 and hence, when the applicant is also alleged to have been member of the said gang, on the ground of parity also, the applicant is required to be enlarged on bail.
iii. The applicant is in jail since, 29.06.2021.
8. 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 FIR registered at C.R.No.11 209056210972 of 2021 with Himmatnagar B Division Police Station, District:-
Sabarkantha 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 the applicant shall;
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10.
11.
R/CR.MA/23098/2021 ORDER DATED: 29/07/2022 [al not take undue advantage of liberty or misuse liberty [b] not act in a manner injurious to the interest of the prosecution;
[c] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[d] surrender passport, if any, to the lower court within a week;
[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;
[f] attend the trial on each and every day.
[g] not leave Sabarkantha District till the trial is over.
. It is is clarified that willingness shown by the present applicant own his volition to deposit the aforesaid amount before the Trial Court shall not be construed as if the applicant is admitting his guilt. Rights of the applicant before all Courts and Tribunal are kept open.
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 watrant 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 Page 5of 6 Downloaded on : Fri Jul 29 20:58:15 IST 2022 R/CR.MA/23098/2021 ORDER DATED: 29/07/2022 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(NIRZAR S. DESAI,J) VARSHA DESAI Page 6 of 6 Downloaded on : Fri Jul 29 20:58:15 IST 2022