Gujarat High Court
Mohmad Sadik @ Guddu Malbari S/O Mohmad ... vs State Of Gujarat on 5 March, 2026
NEUTRAL CITATION
R/CR.MA/4304/2026 JUDGMENT DATED: 05/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 4304 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY
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Approved for Reporting Yes No
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MOHMAD SADIK @ GUDDU MALBARI S/O MOHMAD SIDDIK
LOKHANDWALA
Versus
STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 05/03/2026
JUDGMENT
1. 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.11822019221371 of 2022 registered with Navsari Town Police Station, Navsari for the offences punishable under Section 302, 120(B) and 34 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
2. Learned advocate appearing for the applicant submitted that the applicant has been arrested in connection with the present offence on 16.09.2022 and since then, he is in custody.
Page 1 of 3 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Mar 09 2026 Downloaded on : Mon Mar 09 21:38:45 IST 2026NEUTRAL CITATION R/CR.MA/4304/2026 JUDGMENT DATED: 05/03/2026 undefined He further submitted that the only role attributed to the present applicant is of accepting money for the contract killing from the other co-accused. However, the present applicant had not assaulted the deceased. He therefore submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.
3. Learned APP has opposed the present application contending that this is the successive application filed by the applicant after the withdrawal of the earlier application and there being no change in circumstances, the present application is not maintainable. He therefore submitted to dismiss the present application.
4. Heard learned advocates for the parties. The applicant had earlier preferred Criminal Misc. Application No.1041 of 2024 which was allowed to be withdrawn vide order dated 03.05.2024 since this Court was not inclined to exercise discretion in favour of the applicant. Thereafter, the present successive application has filed by the applicant. It is sought to be contended on behalf of the applicant that the trial of the offence is running at the snail's pace. However, upon perusal of the record, it appears that out of 52 witnesses cited by the prosecution, 15 witnesses have already been examined.
5. Sofar as the aspect of merit is concerned, the present applicant had accepted the contract for killing of the deceased and had received the amount of Rs.05 lakhs for the said purpose. Learned APP has taken this Court through the telephonic conversation taken place between the present Page 2 of 3 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Mar 09 2026 Downloaded on : Mon Mar 09 21:38:45 IST 2026 NEUTRAL CITATION R/CR.MA/4304/2026 JUDGMENT DATED: 05/03/2026 undefined applicant and the other co-accused wherein the applicant had demanded the amount of Rs.05 lakhs for the said purpose. The said conversation had also been subjected to the FSL examination for voice spectrography test and the voice found in the said conversation was found to be of the present applicant. The record also indicates that the applicant is also having another antecedent of similar nature.
6. Having regard to these aspects, no case is made out to grant regular bail to the present applicant. Hence, the application is dismissed.
(M. R. MENGDEY,J) AHS Page 3 of 3 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Mon Mar 09 2026 Downloaded on : Mon Mar 09 21:38:45 IST 2026