AJAY RAIDHANBHAI KUMBHARVADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Shalin Mehta, learned Senior Advocate assisted by Mr. Sandeep R. Limbani learned advocate for the applicant and Mr. Dhawan Jayswal, learned APP for the respondent - State.

(2.) By way of present application under Sec. 439 of the Code of Criminal Procedure, the applicant has prayed for regular bail in connection with the FIR being 11213015201549 of 2020 registered at Gondal City Police Station, District Rajkot (Rural) for the offences punishable under Ss. 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5), 4 and 23 of the Gujarat Control of Terrorism and Organized Crime Act (GCTOC), 2015 (hereinafter referred to as 'the Act' for short).

(3.) Mr. Shalin Mehta, learned Senior Advocate for the applicant, made only two submissions and submitted that in all, there are six offences registered against present applicant, out of which, one offence is registered under the Act, which came into force on 1/12/2019 and as far as other offences registered against present applicant prior to 1/12/2019 are concerned, charge sheet has been filed against present applicant and in these five offences, the maximum punishment is less than three years and the offences where maximum punishment is more than three years was the offence, wherein the applicant was not named nor charge sheet is filed, and therefore, Mr. Mehta, learned Senior Advocate submitted that in view of the provision of Sec. 2(1)(c) of the Act, the act of the present applicant cannot be said to be a "continuous unlawful activity" and therefore, applicant is required to be enlarged on bail.