Sajedabanu Munnabhai Shekh @ Saraswati … vs The State Of Gujarat on 4 August, 2025

Supreme Court – Daily Orders

Sajedabanu Munnabhai Shekh @ Saraswati … vs The State Of Gujarat on 4 August, 2025

                                            IN THE SUPREME COURT OF INDIA
                                           CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPEAL NO.        OF 2025
                                         (@ SLP(CRL.) NO. 8135/2025)

                      SAJEDABANU MUNNABHAI SHEKH @ SARASWATI
                      MANOJ RAJUBHAI RAJPUT                                            Appellant(s)

                                                               VERSUS

                      STATE OF GUJARAT                                             Respondent(s)

                                                           WITH

                                      CRIMINAL APPEAL NO.        OF 2025
                                         (@ SLP(CRL.) NO. 10026/2025)

                                                        O R D E R

Leave granted.

These appeals challenge the judgments and orders

dated 17.04.2025 and 24.04.2025 passed by the High Court

of Gujarat at Ahmedabad in R/Criminal Misc. Application

No. 7482 of 2025 and R/Criminal Misc. Application

No.8084/2025 respectively.

The appellants herein have been booked for the crime

registered pursuant to FIR No. 11191011230279/2023 dated

30.10.2023 lodged with DCB Police Station, Ahmedabad City,

with respect to offences punishable under Sections 8(c),

22(b) and 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for short “NDPS Act”).
Signature Not Verified

Digitally signed by
RADHA SHARMA
Date: 2025.08.04
16:55:24 IST
Reason:

1
Applications seeking regular bail having been

rejected by the High Court vide impugned orders dated

17.04.2025 and 24.04.2025, the appellants have preferred

the instant appeals.

By orders dated 28-05-2025 and 21.07.2025, notices

were issued in both the matters.

Heard learned counsel for the appellants in support

of the appeals and learned counsel for the respondent-

State and perused the material on record.

Learned counsel for the appellants submitted that the

appellants are wife and husband; that the allegations as

against the appellants herein are not true. However,

charges have been framed and the trial is proceeding; that

there are as many as thirty witnesses to be examined, out

of whom only three have been examined; but the appellants

have been in jail since 30.10.2023 and in another two

-three months’ time it would be two years. The continuous

incarceration of the appellants would be a harassment to

them in the event they are to be ultimately acquitted as

they have a good case on merits. In the circumstances

learned counsel for the appellants submitted the impugned

orders may be set aside and the relief of bail may be

granted to the appellants herein.

2
Per contra, learned counsel for the respondent

opposed the grant of relief of bail to the appellants

herein by contending that contraband substance being

25.390 kilograms of ganja was recovered and seized from

them; that the appellants have been actively involved in

the supply and trade of the narcotic substance; that if

this Court is to issue a direction to the concerned

Special Court for conclusion of the trial expeditiously,

the same would be complied with. Hence, there is no merit

in these appeals.

Considering the facts on record, in our view, the

case for bail is made out.

We, therefore, allow these appeals and direct as

under:

“The appellants shall be produced before the
concerned Trial Court as early as possible and the
Trial Court shall release them on bail, subject to
such conditions as it may deem appropriate to
impose to ensure their presence in the proceedings
arising out of FIR/Case No. 11191011230279/2023
dated 30.10.2023 mentioned above.”

It is directed that the appellants shall extend

complete cooperation in the ensuing trial.

3

The appellants shall not misuse their liberty and

shall not in any way influence the witnesses or tamper

with the material on record.

Any infraction of the conditions shall entail

cancellation of bail granted to the appellants.

With the aforesaid directions, the Criminal Appeals

are allowed.

………………………………………………………,J.

( B.V. NAGARATHNA )

…………………………………………………………,J.

( K.V. VISWANATHAN )
NEW DELHI;

AUGUST 04, 2025




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ITEM NO.5                    COURT NO.4                    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). 8135/2025
[Arising out of impugned final judgment and order dated 17-04-2025
in CRMA No. 7482/2025 passed by the High Court of Gujarat at
Ahmedabad]

SAJEDABANU MUNNABHAI SHEKH @ SARASWATI
MANOJ RAJUBHAI RAJPUT Petitioner(s)

VERSUS

THE STATE OF GUJARAT Respondent(s)

(FOR ADMISSION
IA No. 134021/2025 – EXEMPTION FROM FILING O.T.)

WITH
SLP(Crl) No. 10026/2025 (II-E)
(IA No. 160844/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 160845/2025 – EXEMPTION FROM FILING O.T.)

Date : 04-08-2025 These matters were called on for hearing today.

CORAM :

HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) Mr. Rauf Rahim, Sr. Adv.

Mr. Ali Asghar Rahim, Adv.
Mr. Mohsin Rahim, Adv.

Ms. Tania Tamanna, Adv.

Mr. Shekhar Kumar, AOR

Mr. Somesh Chandra Jha, AOR
Ms. Saumya Dwivedi, Adv.

Mr. Animesh Rajoriya, Adv.
Mr. Akash Kishore, Adv.

Mr. Kishan Prajapati, Adv.

For Respondent(s) Ms. Swati Ghildiyal, AOR
Mr. Rishi Yadav, Adv.

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

Leave granted.

5

The Criminal Appeals are allowed in terms of the

signed order which is placed on the file.

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

(RADHA SHARMA)                                   (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS                         COURT MASTER (NSH)




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