Sureshbhadu S/O Mangalaram ... vs State Of Gujarat
2021 Latest Caselaw 5040 Guj

        R/CR.MA/13056/2020                                        ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 13056 of 2020

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                SURESHBHADU S/O MANGALARAM VISHNOI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR AMIT D SHAH(11232) for the Applicant(s) No. 1
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR. DHRUVIN U MEHTA(9993) 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 A.Y. KOGJE

                             Date : 05/04/2021

                               ORAL ORDER

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I­11195003200367 of 2020 with AMIRGADH POLICE STATION, DISTRICT­BANASKANTHA, for the offence punishable under Sections 8(C), 18(b) and 29 of the NDPS Act.

2. The applicant has not surrendered, though his temporary bail period is over.

3. Learned Advocate­ Mr. Amit Shah has filed a letter before this Court to retire from the matter. Thereafter, learned Advocate­ Mr. Dhruvin Mehta today requests for sometime.

4. However, as submitted by learned Additional Public Prosecutor appearing for the respondent­State that on the last occasion, time was given to supply necessary judgments on which the applicant wants to rely upon by order dated 04­02­2021. Thereafter, the matter was once again adjourned to 08­03­2021 and the order was recorded in Criminal Misc. Application No.3028 of 2021, which was

R/CR.MA/13056/2020 ORDER

the application for extention of temporary bail of the applicant.

5. Today, again time is sought for. However, the judgments on which the reliance is sought to be placed by the applicant, are not submitted nor any submission is made in this regard, when the matter is called out.

6. Learned Advocate for the applicant is unable to make statement that the applicant has surrendered. Learned APP under instruction submitted that the applicant has not yet surrendered.

7. As the applicant is still out of custody and has not surrendered even after the expiry of temporary bail period, the application for the regular bail of the applicant is not entertained.

8. In view of the aforesaid facts and circumstances, no case is made out for the exercise of discretion in favour of the applicant for the grant of regular bail in connection with aforesaid C.R. Hence, the application is dismissed. Rule is discharged.

(A.Y. KOGJE, J) PARESH SOMPURA