MOHAMMADHUSSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application, the applicant has prayed for enlarging him on bail under Sec. 439 of Criminal Procedure Code on the ground of parity.

(2.) Heard learned counsel Mr. Rajeshkumar S. Mishra appearing for the applicant. Learned counsel submitted that after the withdrawal of earlier application for enlarging the applicant on bail, which was withdrawn on 26/9/2022, four other co- accused persons namely Abdullatif Dadubhai Khalifa, Hanif @ Mithiyo @ Mithun Noormamad Sodha, Abdul Jumma Notiyar and Hamida Alimadad Sodha have been enlarged by Co-ordinate Bench of this Court. The role of the present applicant and the role to those co-accused persons are almost alike and are not distinguishable and therefore, on the ground of parity, the applicant is required to be enlarged on bail. Learned counsel Mr. Rajeshkumar Mishra also submitted that considering the nature of offence, the maximum punishment would be of seven years even if, the applicant is held guilty of the offence and as the applicant is in jail since 18/2/2022, he is in jail since last more than one year and therefore, considering the overall circumstances and on the ground of parity, the applicant is required to be enlarge on bail.

(3.) Learned Additional Public Prosecutor Mr. Ronak Raval appearing for respondent - State vehemently opposed the grant of bail application looking to the nature and gravity of the offence. However, from the police papers, learned Additional Public Prosecutor Mr. Raval could not point out any special circumstance to deny the bail to the present applicant. Also, considering the role of each of the applicants, except for the amount which has come to the share of the applicant, rest of the role of each of the applicants are almost similar. However, learned Additional Public Prosecutor Mr. Ronak Raval submitted that there are three antecedents against the present applicant and therefore, if this Court is inclined to release the present applicant on bail, he may be released by imposing strictest conditions.