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Supreme Court – Daily Orders
Sandeep Narsinh Rajput vs State Of Gujarat on 16 July, 2025
Author: Surya Kant
Bench: Surya Kant
ITEM NO.14 COURT NO.2 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).4203/2025
[Arising out of impugned final judgment and order dated 18-10-
2024 in CRMA No.20499/2024 passed by the High Court of Gujarat
at Ahmedabad]
SANDEEP NARSINH RAJPUT Petitioner(s)
VERSUS
STATE OF GUJARAT Respondent(s)
(IA No.63556/2025 - CONDONATION OF DELAY IN FILING, IA
No.63557/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 63558/2025 - EXEMPTION FROM FILING O.T., I.A.
No.109802/2025 – APPLICATION FOR IMPLEADMENT)
Date : 16-07-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) :Mr. Somesh Chandra Jha, AOR
Ms. Saumya Dwivedi, Adv.
Mr. Aliasgar Zabuawala, Adv.
Mr. Animesh Rajoriya, Adv.
For Respondent(s) :Ms. Swati Ghildiyal, AOR
Mr. Rishi Yadav, Adv.
Mr. Dhruv Thakkar, Adv.
Mr. Uvesh Shaikh, Adv.
Mr. Avinash Poddar, Adv.
Ms. Neelam Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Application (I.A. No.109802/2025) for impleadment is
allowed. Cause title be amended accordingly.
Signature Not Verified
Digitally signed by
ARJUN BISHT
Date: 2025.07.16
17:39:10 IST
Reason: 2. The petitioner seeks enlargement on regular bail in FIR
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No.1119102421033/2021, which was initially registered on
07.12.2021 under Section 307 of the Indian Penal Code, 1860 (in
short, the “IPC”) and Sections 25(1), 25(1-a), 27(1) and 27(3)
of the Arms Act, 1959. The injured unfortunately died after two
days and on 09.12.2021 Section 302 of IPC was also added. The
petitioner was arrested on 12.12.2021 and is in custody since
then.
3. It is true that as per the allegations contained in the FIR
the fatal shot was fired by the petitioner’s brother, however,
it is not in dispute that the petitioner is already a convict
under Sections 307, 452, 323, 120B, 294B and 114 of IPC read
with Sections 25 and 27 of the Arms Act, besides under Section
135 of the Gujarat Police Act. His sentence was suspended by the
High Court on 18.09.2020 subject to the condition that he shall
maintain law and order and will not indulge in criminal
activities. Soon after that, the petitioner is alleged to have
misused the concession of bail and indulged in committing the
subject offence along with his brother. Not only this, there
were two more cases registered in the past against the
petitioner, of course, he was acquitted in FIR No.38/2017.
4. Still further, we are informed that most of the vital
witnesses have been examined and only six vital witnesses are
left and given two months time they will also be examined.
5. Taking into consideration the totality of the
circumstances, but without expressing any opinion on the merits
of the case, we dispose of this petition with the following
directions:
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(i) The prosecution is directed to produce the remaining
material witnesses on the next two dates to be fixed by the
Trial Court.
(ii) The Trial Court is directed to examine those six witnesses
within a period of two months subject to the cooperation to be
extended by the petitioner, his brother and their counsel.
6. However, in case, the petitioner or his co-accused adopt
delaying tactics, the Presiding Officer shall be at liberty to
submit a report to this effect.
7. After examination of those remaining six material
witnesses, liberty is granted to the petitioner to apply afresh
for his release on bail and such an application shall be
considered by the Trial Court as per its own merits without
being influenced by the observations made by the High Court in
the impugned order.
8. The Special Leave Petition is, accordingly, disposed of.
9. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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