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HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
ANAND @ JAGANNATH SANYASI MAZI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant arrested for possession (Para 1 , 2 , 3 , 4) |
| 2. opposition to bail application (Para 5) |
| 3. consideration of trial status (Para 6 , 7) |
| 4. bail justified due to delay (Para 8 , 9 , 10 , 11 , 12) |
ORDER :
M. R. MENGDEY, J.
1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.III/37/2017 registered with Puna Police Station, District:Surat City for the offences punishable under Sections 8(C), 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act .
2. Rule. Learned APP waives service of Rule on behalf of the Respondent State.
3. Heard learned advocate Mr.Kishan Daiya appearing for the applicant and learned APP Mr.Dhawan Jaiswal for the Respondent – State.
4. Learned advocate for the applicant submitted that the investigation of the offence is over and charge-sheet has been filed. He submitted that the applicant has been arrested in connection with the present offence on 23.3.2017 and since then the applicant is in custody. The present applicant has undergone incarceration of half the period which has been prescribed a
Prolonged incarceration and incomplete trial justify granting bail under the Narcotic Drugs Act, subject to conditions.
The court granted bail based on the Applicant's reputation and the completion of the investigation, imposing conditions to prevent tampering and ensure compliance.
The court granted bail based on the Applicants' good reputation and compliance willingness, despite serious charges, emphasizing the need for careful consideration of bail conditions.
The court granted bail based on insufficient evidence against the Applicant and the absence of prior criminal history, emphasizing the need for conditions to ensure compliance.
The court may grant bail under Section 483 considering the nature of the offence, the applicant's antecedents, and the need to prevent tampering with evidence.
The court emphasized that bail is the rule and jail is the exception, particularly when the accused has no prior criminal record and the charges do not warrant stringent bail conditions.
The court granted bail based on the lack of trial progress and the applicant's custody duration, emphasizing the need for conditions to prevent misuse of liberty.
The court emphasized that bail is a rule and jail is an exception, particularly when the accused is not charged with a serious offence and has been in custody for an extended period.
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