In a recent case involving an organized crime syndicate, the Gujarat High Court has granted bail to the appellant, who was accused alongside others. The organized crime syndicate was allegedly involved in activities such as extortion, land grabbing, and money laundering. The appellant had been charged under the Gujarat Control of Terrorism and Organised Crime Act, 2015, as well as the Indian Penal Code, 1860. The High Court had initially dismissed the appellant’s bail application, but on appeal, the Supreme Court found merit in the appellant’s arguments.

The Supreme Court observed that the FIR against the appellant had been quashed by the High Court before the charge-sheet was filed, which favored the appellant. Additionally, it was noted that the appellant had been in jail for over 2½ years and was accused of such crimes for the first time. Citing relevant case law, the Supreme Court concluded that the appellant had established a prima facie case for bail. The Court ordered the appellant’s release on bail, subject to certain conditions, as determined by the trial court.

[2023] 4 S.C.R. 1137 1137
MUKESHBHAI VALLABHBHAI ABHANGI
v.
STATE OF GUJARAT decided by the Supreme Court of India on May 4, 2023.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.