Sabbir Ahmed Gulamkhan Nagori vs State Of Gujarat on 9 September, 2022
6. Learned Senior Advocate Mr. Syed has further submitted
that Section 2(f) of the said Act will not come in the way of the
petitioner as there is no offence by the syndicate as indicated as
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a whole and the petitioner is not co-accused in any other offence
registered against the alleged members of the syndicate and as
such, a combined reading of Section 2(c) and (f) suggest that
there has to be continuing unlawful activity carried on by
organized crime syndicate and in the absence thereof, no
offence can be registered against the petitioner under the
GUJCTOC Act. Learned Senior Advocate Mr. Syed has
vehemently contended that a bare reading of the definition
would clearly indicate that none of the aforesaid provisions are
attracted. As a result of this, continuance of petitioner in jail is
nothing but miscarriage of justice. It has been submitted that
the reasons which are assigned by the learned trial Judge while
not considering the request are not just and proper. Hence, by
imposing suitable condition, the petitioner may be enlarged on
bail. To strengthen his request, it has been submitted that the
Hon'ble Apex Court in the case of Mcoca, the learned trial court
has convicted the accused persons which was set aside by the
Hon'ble Bombay High Court which was the subject matter of
challenge before the Hon'ble Apex Court in the form of appeal
and in that context, the Hon'ble Apex Court has clearly
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observed that continuation of unlawful activities is the one and
equally important requirement that ought to be satisfied and,
therefore, the back ground of present fact is quite distinct and
hence Hon'ble Court may kindly grant regular bail to the
petitioner. Further learned Senior Advocate Mr. Syed has relied
upon heavily on the decision delivered by the co-ordinate Bench
of this Court in the case of Sandip Omprakash Gupta v. State
of Gujarat rendered in Criminal Misc. Application No. 3819 of
2021 dated 06.05.202 in which the accused person was granted
regular bail. Hence, it has been emphatically submitted that the
prosecution has not made out any case on the basis of which
petitioner may not be allowed to languish in jail. It has been
further submitted that the petitioner is in jail since 28.08.2021
and is aged about more than 67 years and his medical condition
is also not proper and as such, considering the said aspect also,
by imposing suitable condition, this Court may kindly grant
regular bail to the petitioner. It has further been submitted as
such by referring to the aforesaid material, learned Senior
Advocate Mr. Syed has summarized that the case of the
petitioner if to be taken as it is, it does not fall within the
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purview of Section 2(c) and further the role of the petitioner in
earlier case of 2016 is not that much serious at all and apart
from that by virtue of act which has come into force,
undisputedly on 01.12.2019, there are no other offence
registered against the petitioner after the year 2016, no
offences individually against the petitioner or with others have
been registered by virtue of which the petitioner can be
arraigned and as such, in the absence of retrospectivity of the
Act, there is hardly any case made out by the authority against
the petitioner.