Bail : Grant of – Appellant, along with accused no.1 who was operating an organised crime syndicate involving, inter alia, extortion, land grabbing, contract killing, money-laundering, pressurized Secret Witness 11 to enter into a deal – SW11 was threatened to execute around 18 separate sale deeds with either creditors of the leader of the organized crime syndicate-accused no. 1 or creditors of the appellant – Allegedly the appellant had extorted 50,000 square feet of land from the said persons – FIR against the appellant for offences punishable under the 2015 Act and Penal Code, 1860 – Bail application by the appellant – Dismissed by the High Court – On appeal, held : There was only one case prior to the instant case, that too of the year 2014 and the FIR thereof having been quashed by the High Court, even prior to the filing of the charge-sheet, if accepted, helps the appellant and tilt the balance in his favour – Appellant has succeeded in making out a prima facie case for the grant of bail – Furthermore, the appellant is in jail for past 2½ years and it is the first time, he is accused of such nature of crimes – Thus, the appellant be released on bail on such terms and conditions as found appropriate by the trial court – Gujarat Control of Terrorism and Organised Crime Act, 2015 – ss. 3(1), 3(2), 3(3), 3(4) and 3(5) and 4 – Penal Code, 1860 – ss. 386, 387, 506(1), 506(2), 507, 201, 120B. State of Gujarat v Sandip Omprakash Gupta 2022 SCC OnLine SC 1727; State of Maharashtra v Shiva alias Shivaji Ramaji Sonawane (2015) 14 SCC 272 : [2015]
9 SCR 211; Mohammed Iliyas Mohammed Bilal
Kapadiya v State of Gujarat 2022 SCC OnLine SC 713; Gudikanti Narasimhulu v Public Prosecutor, (1978)
1 SCC 240 : [1978] 2 SCR 371; Niranjan Singh v Prabhakar Rajaram Kharote (1980) 2 SCC 559 : [1980]
3 SCR 15; Vilas Pandurang Pawar v State of
Maharashtra (2012) 8 SCC 795 : [2012] 8 SCR 270 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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