Gujarat High Court
Nilam @ Neha @ Joya Rameshbhai Parmar vs State Of Gujarat on 27 February, 2020
Equivalent citations: AIRONLINE 2020 GUJ 1814
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/CR.MA/540/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 540 of 2020
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NILAM @ NEHA @ JOYA RAMESHBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 27/02/2020
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being Prohi. C.R. No. 5081 of 2019 registered with DCB Police Station, Ahmedabad for offence under Sections 8(C), 20(B) and 29 of the NDPS Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective Page 1 of 4 Downloaded on : Fri Feb 28 04:02:20 IST 2020 R/CR.MA/540/2020 ORDER parties do not press for further reasoned order.
5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
6. This Court has considered following aspects,
(a) Applicant is a lady accused. She is in jail since 05.10.2019.
(b) Investigation is over. Chargesheet is filed.
(c) No antecedent is reported against the applicant.
(d) Vide Notification S.O. 1055(E) dated 19.10.2001, published in the Gazette of India, dated 19.10.2001, issued by the Department of Revenue, Ministry of Finance, Central Government, under the provisions of the NDPS Act, Sr.No.55, psychotropic substance i.e. amphetamine substance, prescribes commercial quantity as 50 gms;
(di) the quantity of psychotropic substance, which is found from the possession of the applicant, in the present case is 19 gms, which is below the commercial quantity prescribed;
(dii) the punishment prescribed may extend up to 10 years and fine upto Rs.1,00,000/-
(diii) rigour of Section 37 of the NDPS Act would not be applicable;
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R/CR.MA/540/2020 ORDER Looking to the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being Prohi. C.R. No. 5081 of 2019 registered with DCB Police Station, Ahmedabad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall; [a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the
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R/CR.MA/540/2020 ORDER
Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;
9. The authorities will release the applicant only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J) NEHA Page 4 of 4 Downloaded on : Fri Feb 28 04:02:20 IST 2020