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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 8203 of 2022 =============================================
HARIBHAI JADAVBHAI VADHIYA Versus STATE OF GUJARAT =============================================
Appearance:
MR SANDIP M PATEL(5649) for the Applicant(s) No. 1 MS.KRINA CALLA APP for the Respondent(s) No. 1 =============================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 05/07/2022
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for the respondent – State.
2. Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.
3. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11203030210879 of 2021 registered with Keshod Police Station, Dist. Junagadh for the offence punishable under Sections 8C, 15 & 29 of the NDPS Act.
4. It is the submission of learned counsel for the applicant that he is suffering confinement since 30.09.2021. Hence, further detention of the applicant is unwarranted.
5. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.
6. Upon bare perusal of the chargesheet case papers and materials available on record, it appears that the contraband substance posh doda weighing 5.420 kgs found from conscious possession of the applicant herein, which is intermediary quantity. Therefore, prima facie, embargo of Section 37 of the NDPS Act would not be applicable in the present case. The applicant does not have any past antecedent. The applicant is aged about 66 years and he is in jail since 30.09.2021. There is no progress in the trial. There is no likelihood of his absconding or fleeing from justice. Considering the facts and circumstances of the present case, without expressing anything on the merits of the case, this Court is inclined to enlarge the applicant herein on regular bail.
7. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No. 11203030210879 of 2021 registered with Keshod Police Station, Dist. Junagadh on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
| No. | Conditions |
| (a) | not take undue advantage of liberty or misuse liberty; |
| (b) | not act in a manner injuries to the interest of the prosecution; |
| (c) | surrender passport, if any, to the lower court within a week; |
| (d) | not leave India without prior permission of the Sessions Judge concerned; |
| (e) | furnish latest address of residence to the Investigating OfÏcer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; |
8. The authorities shall release the applicant if he is not required in connection with the any other offences. If breach of any above condition is committed, the learned Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Rule is made absolute to the aforesaid extent.
9. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to the concerned Jail Authority as well as learned Sessions Court forthwith through fax and e-mail.
Direct service is permitted.
(ILESH J. VORA,J)
