RAMESHBHAI VIRSINGBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.No.11821052210032 of 2021 registered with Piplod Police Station, District Dahod for the offence punishable under sub-Sec. 2(1)(a) (i), 2(1)(a)(ii), 3(1)(ii), 3(2), 3(3) and 3(4) of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (hereinafter referred to as the 'GUJCTOC Act' for short) and under Ss. 395, 397, 412 and 120B of the Indian Penal Code.

(2.) Learned Advocate for the applicant accused submits that FIR has been registered against the accused persons on 1/10/2021 and applicant accused has been arrested on 22/11/2021 and since then he is in judicial custody. The investigation is already completed and after submission of charge-sheet, present bail application is preferred. It is further submitted that the co-accused persons have already been enlarged on bail by the Coordinate Bench of this Court as well as learned Sessions Court. Therefore, applicant accused may also be enlarged on bail on the principle of law of parity. It is further submitted that applicant accused is in jail since last more than two years and therefore, considering the period of incarceration undergone by the applicant, he may be enlarged on bail. Learned advocate has put reliance upon the order dtd. 2/9/2022 rendered in Criminal Appeal No.1404 of 2022 in the case of Shivrajbhai Rambhai Vichhiya v. the State of Gujarat by the Hon'ble Apex Court and submitted that though the said accused was having history of criminal antecedents of 10 cases, only on the ground of period of incarceration undergone by the said accused person, the said accused has been enlarged on bail by the Hon'ble Apex Court. Learned advocate has also read the provisions of Ss. 2(1) (a), 2(1)(c), 2(1)(e) and 2(1)(f) of GUJCTOC Act. It is further submitted that for attracting the provisions of the GUJCTOC Act, the investigating officer has considered 6 offences which includes present offence as well and out of said 6 offences, 3 offences were registered before the promulgation of the GUJCTOC Act and 3 offences were registered after the promulgation of the GUJCTOC Act. Considering the above stated factual aspects, applicant may be enlarged on bail by imposing suitable terms and conditions.

(3.) Learned APP Mr. H. K. Patel has objected present bail application with vehemence and submitted that role of the present applicant accused is clearly established from the compilation of charge-sheet papers. Learned APP Mr. Patel further submits that applicant accused is the member of an organized crime syndicate run by the main accused person and said fact is clearly established from the papers of the charge-sheet. Moreover, considering the past antecedents, bail application of the applicant undefined may not be entertained. Learned APP Mr. Patel has relied upon the decision of Hon'ble Supreme Court in the case of Zakir Abdul Mirajkar v. the State of Maharashtra and Ors, rendered in Criminal Appeal No.1125 of 2022, and submitted in the said case, it has been specifically observed by the Hon'ble Supreme Court that, 'it is settled law that more than one charge sheet is required to be filed in respect of the organized crime syndicate and not in respect of each person who is alleged to be a member of such a syndicate'. Learned APP, therefore, submits that present bail application may not be considered.