High Court of Gujarat
RIYAZKHAN @ MUNNO MAHEBUBKHAN PATHANversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis, the discretion under Section 483 may be exercised and regular bail was duly granted.
Summary
The applicant, Riyazkhan @ Munno Mahebubkhan Pathan, filed an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail after a charge‑sheet was filed in FIR No. C.R. 11195019251309 (2025) for alleged dealing in prohibited liquor under several sections of the Prohibition Act. The applicant, alleged to be a driver, had been in custody since 23‑Nov‑2025 and possessed three antecedent records, one of which resulted in acquittal. The State opposed bail, arguing the nature of the offence and the applicant’s role warranted denial of liberty. The Court, referring to the Supreme Court’s decision in Sanjay Chandra v. CBI, considered the prima facie nature of the case, the applicant’s custody duration, and the lack of necessity for continued detention post‑charge‑sheet, and exercised its discretion to grant bail. The order released the applicant on a Rs 15,000 bond with a surety, subject to standard bail conditions and the possibility of modification by the trial court.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for offences under the Prohibition Act.
- Whether the applicant’s role as a driver and his antecedent criminal record preclude the grant of bail.
- Whether the discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be exercised in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Prohibition Act — s. 116(B), 116-B, 65(A)(E), 81, 83, 98(2)
Subjects
- regular bail
- charge-sheet
- Prohibition Act
- Section 483
- bail conditions
- driver
- antecedent record
- Gujarat High Court
Judgment
R/CR.MA/6643/2026 ORDER DATED: 27/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 6643 of 2026
==========================================================
RIYAZKHAN @ MUNNO MAHEBUBKHAN PATHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
MS VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Nirav Padhiyar appearing on
behalf of the applicant and learned Additional Public
Prosecutor Ms. Vrunda Shah appearing on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
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R/CR.MA/6643/2026 ORDER DATED: 27/03/2026
the applicant on Regular Bail in connection with FIR being
C.R. No. 11195019251309 of 2025 registered with Deesa Rural
Police Station, District: Banaskantha for the offence punishable
under Sections 65(A)(E), 116-B, 81, 83 and 98(2) and 116(B) of
the Prohibition Act.
4. Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
the allegation levelled, the applicant may be enlarged on
regular bail. It is further submitted that since the charge-sheet
is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended
that the applicant is ready and willing to abide by all the
conditions that may be imposed by this Court if released on
bail.
5. As against the same, learned Additional Public Prosecutor
appearing for the respondent – State has vehemently objected
to the grant of regular bail. Learned APP has submitted that
looking to the nature of offence and the role attributed to the
present applicant as coming out from the charge-sheet, this
Court may not exercise the discretion in favour of the
applicant and the application may be dismissed.
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R/CR.MA/6643/2026 ORDER DATED: 27/03/2026
6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. Allegation of having dealt in prohibited liquor.
ii. The fact of the applicant being arraigned as a driver.
iii. While is submitted that the applicant has three
antecedents, it appears that in one, the applicant is
acquitted.
iv. The fact of the applicant being in custody since
23.11.2025, charge-sheet having been filed, this Court is
inclined to grant bail.
This Court has taken into consideration the law laid
down by the Hon’ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation reported in [2012] 1
SCC 40.
7. In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the First Information Report, without discussing
the evidence in detail, prima facie, this Court is of the opinion
that this is a fit case to exercise the discretion and enlarge the
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R/CR.MA/6643/2026 ORDER DATED: 27/03/2026
applicant on regular bail.
8. Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11195019251309 of 2025 registered with
Deesa Rural Police Station, District: Banaskantha, on executing
a bond of Rs.15,000/- (Rupees Fifteen Thousand only) with
one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and
also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to
the I.O.;
[f] mark presence once in a month for a period of twelve
montsh months before the concerned police station.
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R/CR.MA/6643/2026 ORDER DATED: 27/03/2026
9. The Authorities will release the applicant only if he is
not required in connection with any other offence for the time
being. If breach of any of the above conditions is committed,
the Sessions Court concerned will be free to take appropriate
action in the matter.
10. Bail bond to be executed before the lower court having
jurisdiction to try the case. It will be open for the concerned
Court to delete, modify and/or relax any of the above
conditions in accordance with law.
11. At the stage of trial, the trial court shall not be
influenced by any observations of this Court which are of
preliminary nature made at this stage, only for the purpose of
considering the application of the applicant for being released
on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./34-DB
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/03/2026 10:40:10
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