LI Network
Published on: 04 September 2023 at 14:59 IST
In a Special Leave Petition challenging a Gujarat High Court Single Judge Bench’s order, the Supreme Court has granted anticipatory bail to a man accused of forceful conversions and promoting enmity among religious groups.
The High Court had previously declined to entertain the appeal under Section 438 CrPC, citing the absence of new grounds put forth by the accused. In the appeal before the High Court, bail was sought under Section 14A of the SC/ST Act 1989.
The accused faced allegations under various sections, including Sections 4, 5, and 4C of the Gujarat Freedom of Religion Act, 2003, Sections 120B, 153B(c), 506(2), 153A(1), 295A, 466, 467, 468, and 471 of IPC, Sections 3(2)(v) and 3(2)(va) of the SC & ST (Prevention of Atrocities) Act, and Section 84C of the I.T. Act.
A bench comprising Justice C.T. Ravikumar and Justice Sudhanshu Dhulia issued a notice to the respondent-State during the hearing.
The FIR was registered on November 15, 2021, leading the appellant to seek anticipatory bail before the Sessions Court. However, it was rejected. Subsequently, the appellant appealed to the High Court, which disposed of the case as withdrawn on October 21, 2022.
In response, Justice Samir J. Dave of the Gujarat High Court stated in the impugned order, “No new ground has been shown by the appellant in this appeal. Hence, the appeal is not entertained and is, accordingly, dismissed.”
Section 3 of the Gujarat Freedom of Religion Act, 2003, prohibits forcible conversion, with Section 4 detailing the penalties for contravention.
Case Title: Muhammad Bilal Muhammad Iqbal Memon v. The State Of Gujarat & Anr.
