JORAVARSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the bail applications arising out of one and same FIR and therefore, they were heard together and disposed of by this common judgment.

(2.) The applicants have filed these default bail applications under Sec. 167(2) of Cr.P.C. and Sec. 20(2) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (hereinafter referred to as "GUJCTOC" for short) in connection with FIR being II-C.R. No.42/2021 [(Part-B) C.R. No.11206061210131 of 2021] registered with Santhal Police Station, Dist: Mahesana for the offences punishable under Ss. 3(1)(i), 3(1)(ii), 3(2), 3(3), 3(4) and 3(5) of the GUJCTOC Act.

(3.) These default bail applications filed invoking Sec. 167(2) of Cr.P.C. mainly on the premise that, when the Special Court passed orders on the report submitted by learned Public Prosecutor, by which, time to complete investigation was extended for a further period of 30 days, without informing them about the report submitted by the public prosecutor and at the time of passing the order, they were not called upon by issuing notice either physically or through video conference and therefore, order granting extension to complete investigation is illegal as the same has been passed without following the mandate laid down in the case of Sanjay Dutt Vs. State through CBI, Bombay(II) reported in (1994) 5 SCC 410.