Mohammadirfan @ Rajababu … vs The State Of Gujarat on 22 July, 2025

Supreme Court – Daily Orders

Mohammadirfan @ Rajababu … vs The State Of Gujarat on 22 July, 2025

Author: Dipankar Datta

Bench: Dipankar Datta

                                       IN THE SUPREME COURT OF INDIA
                                      CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL No.              /2025
                                   [Arising out of SLP (Crl.) No. 1797/2025]


                         MOHAMMADIRFAN @ RAJABABU
                         MOHAMMADYASIN SHAIKH                               APPELLANT(S)

                                                       VERSUS

                         THE STATE OF GUJARAT                              RESPONDENT(S)

                                                            WITH

                                    CRIMINAL APPEAL No.              /2025
                                   [Arising out of SLP(Crl.) No. 1879/2025]



                                                       ORDER

1. Leave granted.

2. The High Court of Gujarat at Ahmedabad, by

the impugned judgment and order dated 11 th

October, 2024, rejected the appellants’ prayers for

bail.

3. The appellants are in custody since 14th

August, 2022 in connection with FIR

No.11191011220101 of 2022 dated 13th August,
Signature Not Verified

Digitally signed by
2022 registered at Police Station – DCB,
SWETA BALODI
Date: 2025.07.24
17:07:00 IST
Reason:
Ahmedabad City for offences punishable under

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Sections 8(C), 22(c) and 29 of the Narcotics Drugs

Substances Act, 1985.

4. We have heard learned counsel appearing for

the parties.

5. It is not in dispute that despite charges having

been framed on 30th August, 2024, the evidence of

not a single out of the 34 witnesses proposed to

be examined by the prosecution has been

recorded. That apart, co-accused have been

granted bail/pre-arrest bail by the High Court as

well as by this Court. Reference is made to the

order passed by this Court in Crl. A.No.3312 of

2024.

6. Ms. Swati Ghildiyal, learned counsel

appearing for the respondent – State submits that

the trial is not progressing because the co-

accused, who have been granted bail, are not

cooperating and that the trial Court has initiated

steps to secure their presence before the Court.

7. Be that as it may, non-cooperation by the co-

accused would not be a valid ground for not

considering the claim of the appellants particularly

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when co-accused Dhanush, who was the appellant

in Crl. A.No.3312 of 2024 and granted bail, stands

on more or less similar footing.

8. Accordingly, we set aside the impugned

judgment and order.

9. The appellants shall be released on bail,

subject to such terms and conditions as may be

imposed by the trial court.

10. In the event there is any breach of the terms

and conditions for grant of bail, the trial court shall

be at liberty to cancel the bail of the appellants.

11. It is also ordered that the appellants shall

diligently attend proceedings of the trial, unless

exempted. If they abstain from attending the

proceedings without justifiable cause, that could

also be seen as breach of the conditions for grant

of bail and the trial court will be free to pass

appropriate orders.

12. We clarify that the observations made in this

order and grant of bail will not be treated as

findings on the merits of the case.

13. The appeals are, accordingly, allowed on the

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aforesaid terms.

14. Pending application(s), if any, stand disposed

of.

……………………………………..J.
(DIPANKAR DATTA)

……………………………………..J.
(AUGUSTINE GEORGE MASIH)

NEW DELHI;

JULY 22, 2025.

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ITEM NO.5           COURT NO.11           SECTION II-E

             S U P R E M E C O U R T O F     I N D I A
                     RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)    No(s).
1797/2025

[Arising out of impugned final judgment and order
dated 11-10-2024 in CRMA No. 19785/2024 passed by the
High Court of Gujarat at Ahmedabad]

MOHAMMADIRFAN @ RAJABABU
MOHAMMADYASIN SHAIKH Petitioner(s)

VERSUS

THE STATE OF GUJARAT Respondent(s)

IA No. 30631/2025 – EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT, IA No. 30634/2025 – EXEMPTION FROM
FILING O.T.

WITH
SLP(Crl) No. 1879/2025 (II-E)
[IA No. 31464/2025 – EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT, IA No. 31465/2025 – EXEMPTION FROM
FILING O.T.

Date : 22-07-2025 These matters were called on for
hearing today.

CORAM : HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s) Mr. Ronak Karanpuria, AOR
Mr. Rohit Gautam, Adv.

For Respondent(s) Ms. Swati Ghildiyal, AOR

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Ms. Abhipsa Mohanty, Adv.

UPON hearing the counsel the Court made the
following
O R D E R

1. Leave granted.

2. The appeals are allowed in terms of the signed order.

3. Pending application(s), if any, shall stand disposed of.

(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)

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