Gujarat High Court
Bhikhabhai vs State on 13 January, 2010
Author: R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/14597/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14597 of 2009
In
CRIMINAL
APPEAL No. 1338 of 2007
=========================================
BHIKHABHAI
@ JAGDISHBHAI RAVJIBHAI PATEL, THRO' RAHUL BHIMAB
Versus
STATE
OF GUJARAT AND ANOTHER
=========================================
Appearance :
MS
KRISHNA U MISHRA for
Applicant(s) : 1,MR RAJESH M AGRAWAL for Applicant(s) : 1,MR YOGESH R
AGRAWAL for Applicant(s) : 1,
MR DEVANG VYAS, ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 13/01/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Heard Ms.Mishra, learned advocate for the applicant.
2. The applicant is convicted for an offence under Sections 25, 8-C, 22, 27(A) and 29 of the NDPS Act and Section 120(B) of the Indian Penal Code by judgment and order dated 28.09.2007.
3. Learned advocate for the applicant apprises the Court that earlier, the applicant was able to get parole from the District Magistrate in the month of October 2007 and thereafter again in the month of February 2008.
In the matter where a person is convicted under NDPS Act, there is no question to grant temporary bail.
4. In the present case, the temporary bail is sought on the ground of marriage of the son of the sister of the applicant. On inquiry, it is revealed that the applicant is also having a brother, who is residing in USA. That brother from USA is not to coming to attend the marriage of the son of the sister of the applicant. The conviction being under NDPS Act, there is no reason for the Court to grant temporary bail. The applicant is convicted for an offence under the NDPS Act, hence this application deserves to be rejected. With these observations, the application is rejected.
Registry is directed to send a copy of this order to the Secretary, Home Department to look into the matter as to under what provision, the District Magistrate granted parole to the applicant.
(Ravi R.Tripathi, J.) (J.C.Upadhyaya, J.) *Shitole Top