Booked in two cases under the Gujarat Control of Terrorism and Organized Crime (GUJCTOC) Act as the “mastermind” of a notorious gang, alleged gangster from Surat, Sajid alias Sajju Kothari, was released on bail by the Supreme Court Friday, after he filed a rejoinder challenging the affidavit of the Gujarat police, alleging “concealment of facts” related to the FIRs against him.
Two-and-a-half years after he was arrested on March 25, 2022, from a “secret room” in his Nanpura bungalow in Surat, where he had allegedly been hiding “in violation of the bail condition to not enter the city”, Division Bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra granted bail to Kothari in a GUJCTOC case registered with Athwalines Police station in Surat.
The SC order noted that Kothari was arrested on March 17, 2021, and was later released on bail, subject to conditions. “However, the bail order was cancelled for violation of the conditions imposed… Thereafter (Kothari) applied for fresh bail which was rejected,” the order stated.
Upholding the ground put forth by Kothari’s counsel, the SC said, “… Taking into account that the application filed by the state for cancellation of the bail granted on June 15, 2021 was allowed and the bail got cancelled on February 18, 2022… about two-and-a-half years have passed by now, we consider it appropriate that the appellant be granted bail… also for the reason that out of the total eight accused, seven have already been granted bail.”
The SC directed the trial court to release Kothari on bail “subject to such conditions as the trial court may deem it appropriate… taking into account the history of (Kothari)… and also hear the Public Prosecutor about the concerns of the state before imposing the conditions”.
The police case is based on the ground that Kothari is the “leader and mastermind” of a “dangerous organised crime syndicate, known as Sajju Kothari gang”, engaged since 2014 in unlawful activities, including kidnapping, extortion, robbery, issuing threats and provisions of Arms Act in Surat city.
Kothari’s counsel, Advocate Utkarsh Dave, said, “We had filed a Special Leave Petition challenging the April 29, 2024, order of the Gujarat High Court, which dismissed the bail application of my client in the (GUJCTOC) case registered at Athwalines police station in Surat… The petitioner has been lodged in jail for over two years and six months and despite the prosecution citing 44 witnesses, no charges have been framed in the last three years. It would take a considerably long period of time to conclude the trial…”
In an affidavit before the SC, the Assistant Commissioner of Police, G Division, Surat City, had stated that a total of 34 FIRs have been registered against members of the Sajju Kothari Gang; Kothari is implicated individually in 14 of them. Of these, six FIRs were registered prior to the present one while seven were lodged subsequent to his release on bail. The police affidavit said that during his previous bail period, Kothari had “not only entered the city of Surat in contravention with (bail) conditions but also continued engaging in unlawful activities while being present in Surat”.
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The affidavit further states the sequence of events by which Kothari was arrested after being found in a concealed room on the first floor of the bungalow.
Dave, however, said that the police affidavit “concealed facts” for which Kothari had filed a rejoinder to bring to light the facts regarding the FIRs filed against him.
Dave said, “We filed a rejoinder putting forth the facts regarding the 13 FIRs filed by the Surat police — six before the present FIR in which bail was sought and later, seven. Out of the six FIRs mentioned by the police, it has been deliberately concealed that my client is on bail in all the FIRs and not a single bail order has been challenged by the State. In fact, a 2016 FIR at Athwalines police station was quashed by the Gujarat High Court on December 6, 2017…”
Dave added, “Out of the second set of seven FIRs, mentioned by the police, registered subsequent to the present FIR, it has been deliberately concealed that my client has been acquitted in a 2022 FIR at Athwalines police station and two FIRs — one of the Athwalines police station of February 2022 and another by the Surat Crime Branch of March 2022 — stand quashed.”
© The Indian Express Pvt Ltd
