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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PATHAN MOHAMADYAKUB @ LAMBU ISMILEKHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. application for bail filed (Para 2) |
| 2. arguments for and against bail (Para 3 , 4 , 7) |
| 3. considerations for granting bail (Para 5) |
| 4. court's reasoning for bail (Para 6) |
| 5. bail granted with conditions (Para 8) |
| 6. conditions for bail (Para 9 , 10 , 11 , 12) |
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11206020240793 of 2024 registered with Kadi Police Station, District Mahesana for the offences under Sections 8(C), 22(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
3. Learned advocate appearing on behalf of the applicant submits that applicant is behind the bars since 18.08.2024 and the applicant is found with intermediate quantity of contraband and therefore, rigors of section 37 of the NDPS Act will not be applicable and even otherwise, charge-sheet is filed and contraband is recovered from the conscious possession of the present applicant. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bai
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.
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.
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