The Gujarat High Court has rejected a successive bail plea filed by Mohammed Sajjad Mohammed Imtiyaz, a Border Security Force (BSF) officer accused of conspiring to wage war against the Government of India. The plea was turned down by Justice Divyesh A. Joshi, who observed that the prosecution had alleged serious offences committed by the applicant that threaten national welfare.
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The court emphasized that no fresh grounds were presented for reconsidering bail. It was noted that the trial had already commenced, and a "strong apprehension" existed that releasing the applicant could lead to tampering with evidence or absconding from trial. Justice Joshi remarked:
"Considering the complicity of the applicant, the apprehension of witnesses being influenced, the severity of the accusations, and the settled principles laid down by higher courts, it is not a fit case for bail, especially through a successive application."
Earlier, the petitioner’s regular bail plea was dismissed in December 2023. Following this, a Special Leave Petition before the Supreme Court was also not entertained. The applicant argued that more than six months had passed since the Supreme Court’s direction to conclude the trial and that he had been in custody since October 2021. However, the State opposed the bail, arguing that mere delay in the trial did not constitute a substantial change in circumstances.
The charges against the officer stem from an FIR registered by the Anti-Terrorist Squad, Ahmedabad, involving serious allegations under Sections 121(a) (Conspiracy to wage war against the Government of India), 123 (Concealing with intent to facilitate design to wage war), 465, 468, 471 (forgery-related offences), and 120(B) (criminal conspiracy) of the Indian Penal Code.
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The State submitted that the officer allegedly provided sensitive information to a handler linked to Pakistan's ISI in exchange for monetary benefits, seriously endangering national security. The court noted:
"The role of the applicant is clear from the chargesheet. He is accused of sharing classified national information with external handlers, thereby committing grave offences against the nation."
Justice Joshi stressed that successive bail applications are only maintainable when there is a substantial change impacting the earlier decision, not just cosmetic differences or delays. Relying on Supreme Court precedents, the court reiterated:
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"Successive bail applications can only be considered when new, substantial changes occur that directly affect the earlier ruling."
The court also considered the fact that only a few witnesses remain to be examined and the trial is progressing. Given the seriousness of the allegations and the potential threat to trial proceedings, the bail plea was dismissed. The court concluded:
"There is no substantial change in circumstances. Thus, this is not a fit case for granting bail."
Finally, the High Court directed the trial court to expedite the proceedings and complete the trial at the earliest.
Case title: MOHAMMED SAJJAD MOHAMMED IMTIYAZ Versus STATE OF GUJARAT
