SAKARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend. Heard learned advocate Mr. Vasimraja A. Kureshi appearing for the applicant and learned Additional Public Prosecutor Mr. Chintan Dave appearing 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.11821005210032 of 2021 registered with Piplod Police Station, District : Dahod for the offences punishable under Ss. 2(1)(a)(i), 2(1)(a)(ii), 3(1)(ii), 3(2), 3(3), 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (herein after referred to as 'the GOJCTOC Act' for short) and Sec. 395 , 397 , 412 , 120B of Indian Penal Code.

(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.