Varyava Abdul Vahab Mahmood vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 893

M. R. SHAH, C. T. RAVIKUMAR
Varyava Abdul Vahab Mahmood – Appellant
Versus
State of Gujarat – Respondent

Advocates Appeared:
Mr. Dushyant A. Dave, Sr. Advocate, Mr. Haris Beeran, Advocate, Mr. Mushtaq Salim, Advocate, Mr. Azhar Assees, Advocate, Mr. Radha Shyam Jena, Advocate, Mr. I.H. Syed, Sr. Advocate, Mr. Purvish Jitendra Malkan, Advocate, Ms. Dharita Purvish Malkan, Advocate, Mr. Alok Kumar, Advocate, Ms. Nandini Chhabra, Advocate, Ms. Deepa Gorasia, Advocate, Ms. Bhavna Sarkar, Advocate, Mr. Aniq A Kadri, Advocate, Mr. Vishrut Bhandari, Advocate, Mr. Dr. Ram Kishor Choudhary, Advocate, Mr. Avinash Kumar Bharti, Advocate, for the Appellant; Mr. Rajat Nair, Advocate, Mr. Kanu Agrawal, Advocate, Ms. Swati Ghildiyal, Advocate, Ms. Devyani Bhatt, Advocate, Ms. Sonia Mathur, Sr. Advocate, Mr. Nachiketa Joshi, Advocate, Ms. Himadri Haksar, Advocate, Mr. Ajay Shukla, Advocate, for the Respondent.

ORDER

SLP (Crl.) No. 4208/2022:

1. Before the High Court, the petitioner prayed for the anticipatory bail. The same has been rejected by the High Court, against which the present Special Leave Petition has been filed.

2. The petitioner is accused of committing the offences punishable under Section 4 of the Freedom of Religion Act and Section 120B, 153(B)(1)(c) and 506(2) of the IPC.

3. By order dated 13.05.2022, the petitioner has been protected and it is ordered that no coercive steps shall be taken against him to take him into custody. The said protection has been continued till date. Thereafter, as it was apprehended that the petitioner is not cooperating after the aforesaid interim protection and has not remained present before the concerned Investigating Agency, this Court passed the following order on 13.01.2023.

'Learned counsel appearing for the respondent-State of Gujarat has made a very serious grievance that the petitioner, after obtaining the interim protection from this Court and even prior thereto, is absconding and not cooperating in the investigation and has never appeared before the concerned Investigating Agency/Officer.

He has also stated at the Bar that there is ample

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2023 Supreme(SC) 893

M. R. SHAH, C. T. RAVIKUMARVaryava Abdul Vahab Mahmood – AppellantVersusState of Gujarat – Respondent

M. R. SHAH, C. T. RAVIKUMAR
Varyava Abdul Vahab Mahmood – Appellant
Versus
State of Gujarat – Respondent