Cleric be released on bail if arrested: SC to Gujarat

The bench in its February 17 order said that “…in the facts and circumstances of the case…and the fact that the petitioner has been protected by interim order since 13.05.2022 and thereafter has appeared before the investigating agency as per the subsequent order passed by this court, we deem it proper to confirm the ad-interim order passed earlier and direct that, in case of arrest of the petitioner, he be released on bail on the terms and conditions, which may be imposed by the learned trial court”.

The court added that “if the state/investigating agency is of the opinion that the custodial investigation is required, in that case, it will be open for the investigating agency to move an appropriate application before the concerned court and the present order shall not come in the way of the investigating agency”. It said that “as and when such an application is made, the same be considered by the concerned court in accordance with law and on its own merits and after giving an opportunity to the petitioner”.

Mahmood is facing charges under the Freedom of Religion Act and provisions of the IPC. Mahmood, was arraigned as an accused in December 2021 upon addition of new charges in an existing FIR of November 2021 at Amod police station in Bharuch.

According to the original FIR filed on November 15, 2021, by one tribal man Praveen Vasava, it was alleged that Vasava was converted into Islam by several accused in 2018 and was rechristened as Salman Vasant Patel. A total of nine persons were named in the FIR.

Vasava in his complaint stated that the accused people “lured innocent Hindu tribals” of the at Kakariya village in Bharuch “with money and in some cases built houses for them and converted them into Islam,” Mahmood has also filed a quashing petition before the Gujarat HC, seeking that the FIR be quashed and set aside.

Gujarat had sought his custody saying that though he appeared for interrogation, he was giving evasive replies. Senior Advocate Dushyant Dave appearing for Mahmood denied this. He argued that the accused is a married man with children and has nothing to do with the alleged crimes.