Allowed

Sarfaraz @ Kitli Ismailbhai Shaikh v. State of Gujarat

Gujarat HC9 Sept 2022CR.MA/6705/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous application for regular bail, the High Court of Gujarat considered submissions regarding the applicant's alleged role in financing an organized crime syndicate. Finding that recovery from the applicant did not substantiate the serious allegations and noting a lack of special circumstances against him, the Court granted regular bail.

What did the court decide?

The applicant is released on regular bail by executing a personal bond of Rs.10,000/- with one surety, subject to specific conditions regarding movement, residence, and appearance.

Sarfaraz @ Kitli Ismailbhai Shaikh Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

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R/CR.MA/6705/2022 ORDER DATED: 09/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6705 of 2022

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SARFARAZ @ KITLI ISMAILBHAI SHAIKH

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Versus STATE OF GUJARAT

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Appearance:

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MR SALIM M SAIYED(5172) for the Applicant(s) No. 1 MS. M. D. MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 09/09/2022

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ORAL ORDER

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Heard learned advocate Mr. Zubin Bharda assisted by learned advocate Mr. Salim Saiyed and learned advocate Mr. Popatia for the applicant and learned Additional Public Prosecutor Ms. M. D. Mehta for the respondent – State.

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This application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R.No.11191028210641 of 2021 with Vejalpur Police Station, District:- Ahmedabad for the offence punishable under Sections 387, 323, 294 (b), 506 (2), 114 and 120 (b) of the Indian Penal Code and 135 (1) of the G. P. Act and sections 3(1)(1), 3(1)(2), 3(2), 3(4), 3(5) and 4 of the Gujarat Control of Terrorism and Organized Crime Act, 2015.

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Learned advocate for the applicant submitted that considering the

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Page 1 of 6

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R/CR.MA/6705/2022 ORDER DATED: 09/09/2022

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nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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Learned advocate Mr. Zubin Bharda for the applicant submitted that in the charge-sheet, the role which is assigned to the present accused is that he used to finance the gang. However, during recovery panchnama only a sum of Rs. 8390/- and the scooter was recovered from the present applicant which would indicate that the allegations levelled against the present applicant are far from truth. Learned advocate Mr. Bharda further submitted that the submissions of the various witnesses which would indicate that the present applicant has not participated in the crime and even, as per the say of witnesses, when a crime was committed, the present applicant was sitting at a far away place, however, just with a view to implicate the applicant, the witnesses have stated that the applicant was waiting with weapons to attack the persons in case if he is required. Learned advocate Mr. Bharda further submitted that even those submissions were also taken only after the offence under the GUJCTOC was registered and by making the aforesaid submissions, he prayed for enlarging the applicant on regular bail.

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Learned APP Ms. M. D. Mehta appearing for the respondent – State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP Ms. Mehta vehemently opposed this application and submitted that the applicant used to keep account of extortion money and he was instrumental

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Page 2 of 6

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R/CR.MA/6705/2022 ORDER DATED: 09/09/2022

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circulating the same, the present applicant used to finance the people from the extortion money and the finance was used for purchasing the vehicles and weapons and therefore, though the applicant was not actively participating in the activities of the organized crime syndicate, considering the role of the applicant there is a direct nexus between the activities of the applicant and the offences committed by the organized crime syndicate and therefore, the present applicant may not released on bail.

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Learned advocates appearing for the respective parties do nto press for further reasoned order.

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I have heard the learned advocates for the respective parties and perused the papers. Following aspects are considered:-

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i. The applicant is in jail since 12.06.2021;

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ii. The investigation is over and the charge-sheet is filed;

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iii. I have considered the submissions of learned advocate Mr. Bharda that what has been recovered from the present applicant is an amount of Rs.8390/- and one mobile phone which would prima facie not substantiate the allegations against the present applicant.

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iv. Prima facie, the submission made by learned APP Ms. Mehta that the petitioner was financing the extortion money for buying weapons and vehicles for gang is not substantiated

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R/CR.MA/6705/2022 ORDER DATED: 09/09/2022

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by any statement or evidence.

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v. Except the offence wherein the applicant was arrested by invoking the provisions of GUJCTOC, there were past six offences registered against the present applicant and last offence was registered in the year 2017 which would prima facie indicate that there were no recent offences registered against the applicant.

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vi. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, without discussing the evidence in details, 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.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11191028210641 of 2021 registered with Vejalpur Police Station, District:- Ahmedabad 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;

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[a] not take undue advantage of liberty or misuse liberty;

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Page 4 of 6

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R/CR.MA/6705/2022 ORDER DATED: 09/09/2022

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[b] not act in a manner injurious to the interest of the prosecution and 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;

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[c] surrender passport, if any, to the Trial Court within a week;

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[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.;

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[f] furnish latest address of 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 the trial Court;

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[g] not enter limits of District: Ahmedabad except for marking presence and for attending the trial.

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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 warrant or take appropriate action in the matter.

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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.

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R/CR.MA/6705/2022 ORDER DATED: 09/09/2022

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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.

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Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(NIRZAR S. DESAI,J)

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VARSHA DESAI

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Sarfaraz @ Kitli Ismailbhai Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Sarfaraz @ Kitli Ismailbhai Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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