VEPARI MAKBULBHAI KADARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Bhavesh B. Sarode appearing for the applicant and learned Additional Public Prosecutor Mr. Utkarsh Sharma for the respondent - State.

(2.) By this application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No. 11206020202700 of 2020 registered with Kadi Police Station, Mahesana for the offences punishable under Ss. 3(1)(ii), 3(2), 3(3) , 3. (4), 3(5) etc. of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (herein after referred to as 'the GOJCTOC Act' for short).

(3.) Learned Counsel appearing for the applicant states that there is no case registered and charge sheet is filed against the present applicant after the GOJCTOC Act came into force with effect from 5/12/2019, and therefore, even if, the judgment of Hon'ble Supreme Court, in case of State of Gujarat V. Sandip Omprakash Gupta dtd. 15/12/2022 passed in Criminal Appeal No. 2291 of 2022, is considered, then in that case also, that judgment also would be adversely applicable only in cases, wherein, there is at least one offence against applicant is registered, pursuant to which, the charge sheet is filed after the Act came into force, and therefore, prima facie, present applicant, not being involved in any of the offences after the Act came into force, is required to be enlarged on bail by imposing suitable terms and conditions.