An Islamic scholar and maulvi VARYAVA ABDUL VAHAB MAHMOOD from Gujarat who is accused of forcibly converting 100 Hindus and 37 Hindu households was recently granted bail by the Supreme Court. 

After observing that the petitioner had appeared before the investigating officer for questioning in accordance with the Court's prior direction, a bench of Justices MR Shah and CT Ravikumar went on to issue the ruling in the petitioner's favour. 

Additionally, it requested that the Trial Court establish the bail requirements.

“Having heard Mr. Dushyant Dave, learned Senior Advocate, appearing for the petitioner and Mr. Kanu Agarwal, learned counsel, appearing for the State and in the facts and circumstances of the case narrated herein above 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 Gujarat High Court's decision to deny the man's request for anticipatory bail was being challenged in court by an SLP.

“It goes without saying 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.”

In addition, the court made it clear that it had not made any declarations regarding whether or not the Investigative Agency should be permitted to conduct a custodial inquiry. 

The Supreme Court had ruled in May that no coercive measures could be used to detain the petitioner.

Click here for the order dated 17.02.2023

Case Title: Varyava Abdul Wahab vs State of Gujarat 
Citation: SLP (Crl) 4208/2022