Shivani Gadhavi
Published On : February 15, 2022 at 16:49 IST
The Gujarat High Court on February 8, 2022 passed an order under Section 2(1)(f) (Organized crime syndicate) the Gujarat Control of Terrorism and Organized Crime Act, wherein it rejected a Bail Application of an Accused.
The Gujarat High Court Single-Judge Bench of Justice A S Supehia was hearing a Bail Application of an Accused filed under Section 439 of the Code of Criminal Procedure, in a case who is found to be associated in a criminal gang that allegedly involved in crimes like vehicle thefts, robbery, loot, extortion, gang rape, abduction, murder, attacking a public servant etc.
Earlier it was found by the High Court that, “The material on record reveals that prima facie the applicant along with other co-accused, who are relatives and family members, have formed an organized crime syndicate for committing the offences, and her role as alleged will satisfy the requirement of section 2(1)(a) which defines “abet”.”
The Court while mentioning Section 2(4)(b) of the Gujarat Terrorism Act, stated that, “The applicant is unable to carve out any exception, which can impress this Court to from a prima facie opinion, which can satisfy the expression ‘reasonable grounds for believing that accused is not guilty of committing such offence’.”
In light of all the facts and observations made, the Gujarat High Court while rejecting the Plea of the Accused stated that, “In view of the foregoing reasons and analysis, the present application fails; the same is hereby rejected.”