Gujarat High Court
Chandkhan Sattarkhan Pathan vs State Of Gujarat on 12 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/CR.MA/14369/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 14369 of 2025
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CHANDKHAN SATTARKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MS. BARKHA R. MAHESHWARI for MS JAYSHREE C BHATT(170) for the
Applicant(s) No. 1
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 12/09/2025
ORAL ORDER
1. 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 as C.R. No.I-11210055200624 /2020 with SALABATPURA POLICE STATION, SURAT CITY for the offence punishable under Sections 302, 307, 143, 147, 148, 149, 120(B), 188, 269 of the Indian Penal Code, under Section 135 of G.P. Act and Section 3 of the Epidemic Disease Act, 1897.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
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3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The F.I.R. is registered on 16-04-2020 for the offence which is alleged to have taken place on 16-04-2020;
II) The applicant is in custody since 20-04-2020;
III) Investigation is concluded and charge-sheet is filed;
IV) Learned Advocate for the applicant submitted that application is moved in view of parity drawn by the applicant, as co-accused except applicant have been enlarged on regular bail.
V) Learned Advocate for the applicant submitted that in all in the very FIR, eight accused have been charge-sheeted, of which seven accused have been enlarged on regular bail.
VI) Attention is drawn of this Court to the orders passed by the Coordinate Bench, Accused; Sherkhan @ Bhura Sattarkhan @ Dadhi Pathan has been enlarged on regular bail by this Court by CAV Judgment dated 28-04-2025 passed in Criminal Misc. Application No.6221 of 2025. Accused; Salauddin @ Kalu Sattarkhan Pathan has been enlarged on regular bail by this Court by order dated 19-01-2021 passed in Criminal Misc.
Application No.16116 of 2020. Accused; Saddamkhan Page 2 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:02:12 IST 2025 NEUTRAL CITATION R/CR.MA/14369/2025 ORDER DATED: 12/09/2025 undefined Sattarkhan @ Dabhi Pathan has been enlarged on regular bail by this Court by order dated 29-09-2023 passed in Criminal Misc. Application No.12978 of 2023. Accused; Ajay Vijay Ahire has been enlarged on regular bail by Sessions Court, Surat by order dated 11-08-2020 passed in Criminal Misc. Application No.3819 of 2020. Accused; Rubinabibi Abdulkahar Shekh has been enlarged on regular bail by Sessions Court, Surat by order dated 30-06-2020 passed in Criminal Misc. Application No.2999 of 2020. Accused; Azad Khan Sattar Khan @ Dadhi Pathan has been enlarged on regular bail by Sessions Court, Surat by order dated 31-07-2020 passed in Criminal Misc. Application No.3653 of 2020.
VII) The issue before the Court was that the accused is having antecedents and observations was made while rejecting application of the present applicant in the order dated 10-11- 2023 passed by 15th Additional Sessions Judge, Surat that accused is having antecedents of two offences under Section 302, 307.
VIII) To which learned Advocate for the applicant has submitted is an incorrect observations as only antecedents against the applicant is FIR bearing C.R. No.II-495 of 2017 registered in the year 2017 for offences under Section 323, 504 and another offence being C.R. No.I-325 of 2018 registered with Salabatpura Police Station for offences under Section 307, 326 and allied sections, wherein in both the cases, the applicant has already enlarged on regular bail.
IX) The Court has also taken into consideration submissions made by learned Advocate that in so far as other co-accused are concerned, who are family members of the applicant, have also been accused in the very same offence, which are cited as antecedents against present applicant. This statement made by learned Advocate is not controverted by other side.
Page 3 of 5 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 15 2025 Downloaded on : Mon Sep 15 23:02:12 IST 2025NEUTRAL CITATION R/CR.MA/14369/2025 ORDER DATED: 12/09/2025 undefined X) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant. 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.
6. 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.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-11210055200624/2020 with SALABATPURA POLICE STATION, SURAT CITY on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
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(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
8. 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
9. 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.
10. At the trial, the 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.
11. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
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