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2024 Supreme(Online)(SC) 5349

FAIZAN IMRAN PADAVA – Appellant
Versus
THE STATE OF GUJARAT – Respondent
Crl.A. No.-000146-000146 / 2024 08-01-2024



Advocates:
MEHMOOD UMAR FARUQUI

The court granted bail to the appellant, considering his age and prior incarceration, emphasizing that each bail application must be assessed independently.

Headnote:(A) Gujarat Animal Preservation Act, 1954 - Sections 8(2) and 10 - Prevention of Cruelty to Animals Act, 1960 - Section 11(1)(i) - Indian Penal Code, 1860 - Section 429 - Gujarat Police Act, 1951 - Section 119 - Bail application - The appellant is granted bail during the trial period, considering his age and prior incarceration. The trial court is to set conditions for bail, and the order does not influence other co-accused applications. (Paras 1, 2, 3)

(B) Bail - Factors for consideration - The age of the appellant was a significant factor in granting bail, emphasizing that each application for bail must be examined independently. (Paras 1, 2)

Facts of the case:
The appellant, Faizan Imran Padava, was charged under multiple sections related to animal preservation and cruelty, with the appeal arising from a High Court judgment denying bail.

Findings of Court:
The appeal is allowed, and the impugned judgment is set aside, granting bail to the appellant.

Issues: The primary issue was whether the appellant should be granted bail considering his age and the nature of the charges.

Ratio Decidendi: The court determined that the appellant's age and period of incarceration warranted bail, and the observations made were specific to this case, not affecting others.

Result: Appeal allowed.

ORDER

Leave granted. Having regard to the age of the appellant - Faizan Imran Padava and the period of incarceration suffered by him, we are inclined to accept the present appeal. Accordingly, it is directed that the appellant – Faizan Imran Padava will be released on bail during the pendency of trial in the chargesheet arising out of First Information Report (FIR) no. 11207076220578/2022 dated 21.12.2022 registered with Police Station – Vejalpur, District – Panchmahal, Gujarat for the offence(s) punishable under Sections 8(2) and 10 of the Gujarat Animal Preservation Act , 1954, Section 11(1)(i) of the Prevention of Cruelty to Animals Act , 1960, Section 429 of the Indian Penal Code , 1860 and Section 119 of the Gujarat Police Act , 1951, on terms and conditions to be fixed by the trial Court. In addition, the appellant - Faizan Imran Padava shall also comply with the conditions prescribed in Section 438(2) of the Code Crl.A. @ SLP(Crl.) No. 15479/2023 Digitally signed by Deepak Guglani Date: 2024.01.08 18:53:27 IST Reason:

    Signature Not Verified of Criminal Procedure, 1973. In case the appellant - Faizan Imran Padava remains unrepresented or takes adjournments during the trial, it will be open to the trial Court to cancel the bail granted to him. Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed. We clarify that the observations made in the present order for grant of bail are for the disposal of the present appeal and will not be treated as an expression of opinion on the merits of the case. We also clarify that one of the prime factors, which has weighed with us is the age of the appellant - Faizan Imran Padava. This order will not influence the decision in application(s) for grant of bail, if any, filed by the other co-accused, who, it is stated are involved in other offence(s). Their application(s) shall be examined and considered independently in accordance with law. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (DIPANKAR DATTA) NEW DELHI; JANUARY 08, 2024. ITEM NO.15 COURT NO.2 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 15479/2023 (Arising out of impugned final judgment and order dated 13-10-2023 in CRMA No. 6464/2023 passed by the High Court of Gujarat at Ahmedabad) FAIZAN IMRAN PADAVA Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (FOR ADMISSION and IA No.248850/2023-EXEMPTION FROM FILING O.T.) Date : 08-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Mehmood Umar Faruqui, AOR For Respondent(s) Mr. Rajat Nair, Adv. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Mr. Srikant Swaroop, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. In terms of the signed order, it is directed that the appellant – Faizan Imran Padava will be released on bail during the pendency of trial in the chargesheet arising out of First Information Report (FIR) no. 11207076220578/2022 dated 21.12.2022 registered with Police Station – Vejalpur, District – Panchmahal, Gujarat for the offence(s) punishable under Sections 8(2) and 10 of the Gujarat Animal Preservation Act, 1954, Section 11(1)(i) of the Prevention of Cruelty to Animals Act, 1960, Section 429 of the Indian Penal Code, 1860 and Section 119 of the Gujarat Police Act, 1951, on terms and conditions to be fixed by the trial Court. In addition, the appellant - Faizan Imran Padava shall also comply with the con
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