FAIZAN IMRAN PADAVA VERSUS STATE OF GUJARAT SLP(Crl.) No. 15479 of 2023

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 15479 of 2023 )
FAIZAN IMRAN PADAVA APPELLANT(S)
VERSUS
STATE OF GUJARAT RESPONDENT(S)
O R D E R
Leave granted.
Having regard to the age of the appellant – Faizan Imran Padava and the period of incarceration suffered by him, we are inclined to accept the present appeal.
Accordingly, it is directed that the appellant Faizan Imran Padava will be released on bail during the pendency of trial in the chargesheet arising out of First Information Report (FIR) no. 11207076220578/2022 dated 21.12.2022 registered with Police Station Vejalpur, District Panchmahal, Gujarat for the offence(s) punishable under Sections 8(2) and 10 of the Gujarat Animal Preservation Act, 1954, Section 11(1)(i) of the Prevention of Cruelty to Animals Act, 1960, Section 429 of the Indian Penal Code, 1860 and Section 119 of the Gujarat Police Act, 1951, on terms and conditions to be fixed by the trial Court.
In addition, the appellant – Faizan Imran Padava shall also comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973.
In case the appellant – Faizan Imran Padava remains unrepresented or takes adjournments during the trial, it will be open to the trial Court to cancel the bail granted to him. Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed.

We clarify that the observations made in the present order for grant of bail are for the disposal of the present appeal and will not be treated as an expression of opinion on the merits of the case.
We also clarify that one of the prime factors, which has weighed with us is the age of the appellant – Faizan Imran Padava. This order will not influence the decision in application(s) for grant of bail, if any, filed by the other co-accused, who, it is stated are involved in other offence(s). Their application(s) shall be examined and considered independently in accordance with law.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 08, 2024.
Crl.A. @ SLP(Crl.) No. 15479/2023 2

ITEM NO.15 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. 15479/2023
(Arising out of impugned final judgment and order dated 13-10-2023
in CRMA No. 6464/2023 passed by the High Court of Gujarat at
Ahmedabad)
FAIZAN IMRAN PADAVA Petitioner(s)
VERSUS
STATE OF GUJARAT Respondent(s)
(FOR ADMISSION and IA No.248850/2023-EXEMPTION FROM FILING O.T.)

Date : 08-01-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Mr. Mehmood Umar Faruqui, AOR

For Respondent(s)
Mr. Rajat Nair, Adv.
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Mr. Srikant Swaroop, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
In terms of the signed order , it is directed that the appellant Faizan Imran Padava will be released on bail during the pendency of trial in the chargesheet arising out of First Information Report (FIR) no. 11207076220578/2022 dated 21.12.2022 registered with Police Station Vejalpur, District Panchmahal, Gujarat for the offence(s) punishable under Sections 8(2) and 10 of the Gujarat Animal Preservation Act, 1954, Section 11(1)(i) of the Prevention of Cruelty to Animals Act, 1960, Section 429 of the Indian Penal Code, 1860 and Section 119 of the Gujarat Police Act, 1951, on terms and conditions to be fixed by the trial Court.

In addition, the appellant – Faizan Imran Padava shall also comply with the conditions prescribed in Section 438(2) of the Code of Criminal Procedure, 1973. The impugned judgment is set aside and the appeal is allowed in terms of the signed order.
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)