IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 16332 of 2023)
ALLARAKHA YAKUBKHAN PATHAN ….. APPELLANT(S)
VERSUS
STATE OF GUJARAT ….. RESPONDENT(S)
O R D E R
Leave granted.
2. The appellant – Allarakha Yakubkhan Pathan is an accused in First Information Report No. 11204039230148 dated 29.03.2023 registered with Police Station Mahudha, District Kheda, Gujarat, for the offence(s) punishable under Sections 120B, 354A(1)(i), 354B, 363, 376(2)(n), 376(3), 328, 504, 506(1), 507 and 323 of the Indian Penal Code, 1860, Sections 5(l), 6, 11, 12, 17 of the Protection of Children from Sexual Offences Act, 2012 and Sections 66C and 66E of the Information Technology Act, 2000 [as amended by the Information Technology (Amendment) Act, 2008]. He is in custody since 08.04.2023.

3. The primary allegation against the appellant is that he has abetted his son to commit an offence punishable under the POCSO Act.

4. It is submitted by Mr. Kanu Agarwal, learned counsel appearing for the State of Gujarat that charges have been framed and out of 14, witnesses that the prosecution seeks to examine, 10 are Panch witnesses. He opposes the prayer of the appellant citing that the charges are very serious.
5. Having heard learned counsel for the parties and considering the materials on record, we are of the opinion that the appellant is entitled to be enlarged on bail, subject to terms and conditions, as may be imposed by the trial Court. Ordered accordingly.
6. The order under appeal stands set aside and the appeal stands allowed in the aforesaid terms.
7. The trial Court is encouraged to conclude the trial in accordance with law, as expeditiously as possible.
8. We clarify that the observations made in this order are for the purpose of disposal of the present appeal, and would not be construed as findings and observations on the merits of the case.
9. Pending application(s), if any, shall stand disposed of.
…………………………J.
(DIPANKAR DATTA)
…………………………J.
(K.V. VISWANATHAN)
NEW DELHI;
MARCH 01, 2024.
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ITEM NO.58 COURT NO.2 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 16332/2023
(Arising out of impugned final judgment and order dated 27-10-2023 in CRLMA No. 9881/2023 passed by the High Court of Gujarat at Ahmedabad)
ALLARAKHA YAKUBKHAN PATHAN Petitioner(s)
VERSUS
STATE OF GUJARAT Respondent(s)
(IA No. 261077/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 261078/2023 – EXEMPTION FROM FILING O.T.)

Date : 01-03-2024 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Iqbal Syed, Sr. Adv.
Mr. Mohammad Aslam, AOR
Mr. Vishrut Bhandari, Adv.
Mr. Aniq Kadri, Adv.
Mr. Amaan Syed, Adv.
For Respondent(s)
Mr. Kanu Agarwal, Adv.
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
2. In terms of the signed order, the appellant is directed to be enlarged on bail, subject to terms and conditions, as may be imposed by the trial Court.
3. The appeal stands allowed in terms of the signed order.
4. Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)
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