Bail Granted By Supreme Court In GCTOCA Case
The petitioner, was arrested on 25 November 2020 in connection with an FIR registered at the concerned police station, for offences under multiple sections of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (GCTOCA) — a State legislation on organised crime, carrying a minimum sentence of 5 years and a maximum of life imprisonment.
The prosecution alleged that the petitioner was the main conspirator of an organised criminal syndicate operating over a decade, with 16 FIRs registered against him. After the chargesheet was filed on 05.04.2021 with 133 witnesses, the Trial Court granted 10-day interim bail on 01.05.2023 — the petitioner did not surrender after the interim-bail period and was re-arrested on 04.01.2024. The Gujarat High Court rejected bail in CRMA No. 17337 of 2024 vide order dated 27.01.2025, leading to the present SLP before the Supreme Court.
- Despite 133 witnesses being cited by the prosecution, only 1 witness had been examined as of the date of hearing — indicating that the trial was unlikely to conclude within a reasonable time.
- The petitioner had already spent more than 3 years and 6 months in custody for an offence carrying a minimum sentence of 5 years — so that the pre-trial detention approached the minimum sentence.
- The State submitted that co-accused persons had already been released on bail and parity was accordingly raised as a ground.
- The earlier non-surrender was addressed through the imposition of conditions rather than treated as an absolute bar to bail.
The Supreme Court disposed of the SLP and directed release on bail subject to conditions imposed by the Trial Court and the following additional conditions:
- Shall disclose the place of residence to the Trial Court as well as to the jurisdictional police station.
- Shall deposit passport with the Trial Court forthwith.
- Shall visit the jurisdictional police station once every week to enable police authorities to verify antecedents.
- Shall not make any direct or indirect attempt to contact or influence the prosecution witnesses — any such attempt shall be treated as misuse of bail.
- The petitioner, all co-accused and their counsel shall remain present before the Trial Court on each and every date of hearing. Counsel shall give an undertaking to extend full cooperation for expeditious conclusion of trial.
- If the petitioner absconds, the Trial Court is directed to continue trial and examine all witnesses in his absence — no plea based on the statutory obligation to hear the accused shall be entertained.