VidhiSangh

Supreme Court of India · 15/12/2022

THE STATE OF GUJARAT versus SANDIP OMPRAKASH GUPTA

[2022] 17 S.C.R. 765 · 2022 INSC 1288

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Summary

The respondent was booked in November 2020 under the Gujarat Control of Terrorism and Organised Crime Act, 2015, which came into force on 1 December 2019. The FIR relied on five earlier FIRs, the latest charge-sheeted in January 2019, and no offence was alleged after the Act. The Gujarat High Court granted bail, applying State of Maharashtra v. Shiva Sonawane under the MCOCA. The State asked for that ruling to be reconsidered. The Supreme Court declined. Past charge-sheets within ten years only show the antecedents that make up a 'continuing unlawful activity'. An organised-crime offence requires at least one act after the Act's commencement for which the accused is tried for the first time, but the State need not wait for two fresh charge-sheets. The Court also reiterated the twin bail conditions in Section 20(4).

Issues

  1. Whether 'continuing unlawful activity' under Section 2(1)(c) of the Gujarat Control of Terrorism and Organised Crime Act, 2015 can rest solely on charge-sheets filed before the Act came into force, or requires some act of organised crime after 01.12.2019, and whether Shiva alias Shivaji Ramaji Sonawane needs reconsideration or reference to a larger Bench.
  2. What limitations Section 20(4) of the 2015 Act places on the grant of bail.

Provisions considered

Held

Result

Criminal Appeal No. 2291 of 2022 against the Gujarat High Court order dated 06.05.2021 in R/Criminal Misc. Application No. 3819 of 2021 granting bail disposed of with the clarification that Shiva alias Shivaji Ramaji Sonawane correctly states the law and requires no reference.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 765.