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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J.Vora, P.M.Raval
Manjitsing @ Manna Jashbirsing – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
P. M. Raval, J
1. The present Criminal Appeal (Temporary Bail) is preferred by the appellant – Manjitsing @ Manna Jashbirsing through jail for granting him temporary bail for 30 days on the following grounds.
(a) That he is in judicial custody since long and is falsely impllicated.
(b) That due to his pretrial custody, his family is disturbed financially, mentally and socially.
(c) That his mother is having multiple health issues due to age factor and presently she is getting treatment from local government hospital.
(d) That there is no adequate facilities for his mother’s treatment and hence, she is required to be admitted in the multispeciality hospital at Amritsor /Chandigarh.
(e) That his brother is not in a position to take care of his mother due to his old age.
(f) That his wife is living separately with his mother and father and that she has also filed domestic violence case against the appellant accused and is residing with his small son.
(g) That the temporary bail is required to convey her wife and keep her with his family so that she can take care of his parents and that family dispute is also required to be settled in view of his small child and has thus prayed to allow
Temporary bail is fundamentally an exception in serious criminal charges, where significant risks such as evidence tampering and ongoing investigations exist.
Prolonged detention without trial can violate the right to personal liberty, warranting bail even under stringent laws like UAPA and NDPS Act when evidence is insufficient.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
In NDPS cases with intermediate narcotic quantity, Section 37 rigours inapplicable; regular bail granted on parity with co-accused, trial delay, and prolonged detention, upholding bail as rule absent....
The court emphasized that bail is not an automatic right, especially in drug offenses, considering the applicant's criminal history and the need to protect societal order.
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
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