IRSHAD ILYICHHOTEKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for enlarging him on anticipatory bail in connection with FIR being C .R. No. 11191048211244 of 2021 registered with Sarkhej Police Station, Ahmedabad City for the offences punishable under Ss. 3, 4(3), 5(a), 5(c), 5(d), 5(e) of the Gujarat Land Grabbing (Prohibition) Act.

(2.) Heard learned Advocate Mr.A.V.Nair for the Applicant and learned APP Mr.Manan Mehta for the Respondent - State.

(3.) Learned Advocate for the applicant has submitted that earlier the applicant had preferred Criminal Misc. Application No.12995 of 2021. The said application came to be disposed of vide order dtd. 9/8/2021, as pending the said application, the applicant had also filed Special Criminal Application challenging the vires of the Land Grabbing Act and the applicant was protected in the said Special Criminal Application. The said Special Criminal Application came to be disposed of by the Co- ordinate Bench of this court vide its judgment and order dtd. 9/5/2024 and protection granted in favour of the applicant had been withdrawn. This court vide order dtd. 9/8/2021 had granted liberty in favour of the present applicant to file afresh application directly before this court in case of any difficulty. Now, since the protection granted to the applicant is no more in existence because of the disposal of the Special Criminal Application, the applicant is constrained to file the application before this court.