Abdulmajid Abdulsattar Memon vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1363

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Abdulmajid Abdulsattar Memon – Appellant
Versus
State of Gujarat – Respondent

Advocates Appeared:
For the Appellant :Mr. Kishan Prajapati Advocate, Mr. Animesh Rajoriya Advocate, Mr. Somesh Chandra Jha AOR, Mr. Shreay Saini Advocate, Mr. Akash Kishore Advocate, Mr. Vishvajitsinh D. Chauhan Advocate
For the Respondent:Ms. Ruchi Kohli Senior, Advocate, Ms. Swati Ghildiyal AOR, Ms. Srishti Mishra Advocate, Ms. Devyani Bhatt Advocate

JUDGMENT :

1. Heard the learned counsel appearing for the parties.

2. Leave granted.

3. The appellant has been in custody for last more than 01 year and 03 months. On 22nd November, 2023, Special Leave Petition filed by the appellant against an order rejecting bail was not entertained by this Court by observing that at that stage, no case was made out to enlarge the appellant on bail. After 22nd November, 2023, there is no progress in the trial. Even, charge has not been framed. The antecedents of the appellant are pressed into service. Out of 14 cases, we find that in 09 cases, either the appellant has been acquitted or the offence has been quashed.

4. It is not in dispute that the case is a Magistrate triable case. In our view, the High Court ought to have granted bail to the appellant.

5. Accordingly, we direct that the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions, till the final disposal of the trial.

6. The Appeal is, accordingly, allowed.

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