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Documents citing Sandip Omprakash Gupta vs State Of Gujarat on 11 June, 2003

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 Page 4 of 18 Downloaded on : Mon Sep 12 20:52:51 IST 2022 R/CR.MA/4230/2022 ORDER DATED: 09/09/2022 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 Page 5 of 18 Downloaded on : Mon Sep 12 20:52:51 IST 2022 R/CR.MA/4230/2022 ORDER DATED: 09/09/2022 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 Page 6 of 18 Downloaded on : Mon Sep 12 20:52:51 IST 2022 R/CR.MA/4230/2022 ORDER DATED: 09/09/2022 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.
Gujarat High Court Cites 7 - Cited by 0 - A J Shastri - Full Document

Pitambar Ramanbhai Birade vs State Of Gujarat on 28 July, 2004

14. Considering the aforesaid fact that, the authority, while exercising the powers under sec.9(2) of PASA, has not taken appropriate care even to find out the credentials, character and antecedents of the detenu, and as well as on the ground that the alleged activity of the petitioner may not amount to breach of public order, as, at the most, it may amount to breach of law and order, and since it cannot be said that there is violation of public order on the part of the detenu, the detention order is required to be quashed. Further, as held by a learned Single Judge of this Court in the case of Sandip Omprakash Gupta (supra), the detenu could have been dealt with under the ordinary criminal law as there is only a solitary incident. On the aforesaid grounds, the petition is required to be allowed.
Gujarat High Court Cites 6 - Cited by 0 - P B Majumdar - Full Document

Ranveersinh vs The on 9 November, 2011

4.1 I am, therefore, of the view that the detaining authority has passed the order of detention without there being any credible or cogent material on record in this behalf. I have considered factual and legal aspects emerging from the record of the petition and considered the rival submissions and the facts of the case and also considered the judgment of this Court in the case of Sohanlal Sujaram Visnoi (Supra) and Sandip Gupta(supra). In view of the facts and circumstances of the present case and also ratio laid down in the cases mentioned above, the order of detention cannot be sustained and it deserves to be quashed and set aside.
Gujarat High Court Cites 7 - Cited by 0 - K Jhaveri - Full Document

Adesinh vs The on 9 November, 2011

4.1 I am, therefore, of the view that the detaining authority has passed the order of detention without there being any credible or cogent material on record in this behalf. I have considered factual and legal aspects emerging from the record of the petition and considered the rival submissions and the facts of the case and also considered the judgment of this Court in the case of Sohanlal Sujaram Visnoi (Supra) and Sandip Gupta(supra). In view of the facts and circumstances of the present case and also ratio laid down in the cases mentioned above, the order of detention cannot be sustained and it deserves to be quashed and set aside.
Gujarat High Court Cites 7 - Cited by 0 - K Jhaveri - Full Document

Rameshbhai vs The on 9 November, 2011

4.1 I am, therefore, of the view that the detaining authority has passed the order of detention without there being any credible or cogent material on record in this behalf. I have considered factual and legal aspects emerging from the record of the petition and considered the rival submissions and the facts of the case and also considered the judgment of this Court in the case of Sohanlal Sujaram Visnoi (Supra) and Sandip Gupta(supra). In view of the facts and circumstances of the present case and also ratio laid down in the cases mentioned above, the order of detention cannot be sustained and it deserves to be quashed and set aside.
Gujarat High Court Cites 7 - Cited by 0 - K Jhaveri - Full Document

Mahammad Gufran Son Of Mahammad Salim ... vs State Of Gujarat & on 1 May, 2015

4.1 I have considered factual and legal aspects emerging from the record of the petition and considered the rival submissions and the facts of the case and also considered the judgment of this Court in the case of Sohanlal Sujaram Visnoi (Supra) and Sandip Gupta(supra). In view of the facts and circumstances of the present case and also ratio laid down in the cases mentioned above, the petition is required to be allowed.
Gujarat High Court Cites 6 - Cited by 0 - K Jhaveri - Full Document

Mohammad Tofik Alias Maya Gulamjilani ... vs State Of Gujarat & on 1 May, 2015

4.1 I have considered factual and legal aspects emerging from the record of the petition and considered the rival submissions and the facts of the case and also considered the judgment of this Court in the case of Sohanlal Sujaram Visnoi (Supra) and Sandip Gupta(supra). In view of the facts and circumstances of the present case and also ratio laid down in the cases mentioned above, the petition is required to be allowed.
Gujarat High Court Cites 6 - Cited by 0 - K Jhaveri - Full Document
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