Gujarat High Court
Kapil Kaniyalal Joshi vs State Of Gujarat on 9 February, 2024
NEUTRAL CITATION
R/CR.MA/2617/2024 ORDER DATED: 09/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 2617 of 2024
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KAPIL KANIYALAL JOSHI
Versus
STATE OF GUJARAT
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Appearance:
TIRTH NAYAK(8563) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 09/02/2024
ORAL ORDER
1. Rule. Learned APP waives service of notice
of Rule on behalf of respondent-State.
2. This application is filed under Section 439
of the Code of Criminal Procedure for
regular bail in connection with F.I.R.
No.11188010230342 of 2023 registered with
Shamlaji Police Station, District Arvalli.
3. Learned advocate for the applicant submits
that in the present offence investigation
is over and Charge-sheet is filed. The
applicant has been arrested in connection of
alleged offence on 29.08.2023 and since
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R/CR.MA/2617/2024 ORDER DATED: 09/02/2024
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than, he is in custody. It is submitted that
trial of the offence is not likely to
commence and conclude in near future. As per
the case of the prosecution, the present
applicant was found with conscious
possession of contraband substance Ganja
worth 6.824 kgs which is intermediate
quantity and therefore, rigour of Section 37
of Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act)
would not be applicable for the offence of
the present case. He submits that speedy
trial of the offence is the right of the
present applicant as the present applicant
was arrested in connection of the alleged
offence in the month of August, 2023 and
trial is not commenced yet.
3.1 Learned advocate for the applicant seeks to
rely upon the judgment rendered by the
Hon'ble Supreme Court in the case of Mohd.
Muslim alias Hussain vs. State (NCT of
Delhi) reported in (2023) SCC Online SC
352. It is further submitted that the bag
was handed over by the co-accused to the
present applicant who has been considered
for grant of regular bail by the learned
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R/CR.MA/2617/2024 ORDER DATED: 09/02/2024
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Sessions Court. He therefore submits that
considering the nature of offence and role
attributed to the applicant, the applicant
may be enlarged on regular bail by imposing
suitable conditions.
4. The learned APP appearing for the respondent
State vehemently submits that applicant was
found in conscious possession of contraband
substance Ganja of more than 6 kgs. Thus,
complicity of the applicant in the offence
in question has been prima facie established
from the material available on record. He
submits that the offences which have been
charged, are serious in nature and looking
to the facts as well as the allegations made
against the applicant, no discretion would
be required to be exercised.
5. Heard learned advocates appearing for the
respective parties and perused the material
available on record. The investigation is
over and Charge-sheet is also filed.
6. As per the case of the prosecution, the
police authority has received secret
information about the fact that the
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R/CR.MA/2617/2024 ORDER DATED: 09/02/2024
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applicant was traveling in Luxury bus and
the bus was going from Rajasthan to Mumbai.
On the basis of the said secret information,
watch was organised at the place where bus
was intercepted, the applicant was
travelling in the said bus and was found in
conscious possession of contraband substance
Ganja worth 6.82 kgs in bag. The conscious
possession of contraband substance with the
present applicant has been prima facie
established from the material available on
record.
7. So far as the aspect of parity is concerned,
the co-accused was considered for grant of
bail by the learned Sessions Court merely
because he was not found with conscious
possession of contraband substance.
Therefore, no parity can be drawn in favour
of the present applicant.
8. Learned advocate for the applicant seeks to
rely upon the judgment rendered by the
Hon'ble Supreme Court in the case of Mohd.
Muslim (supra), in the facts of the said
case, the applicant concerned had been
arrested in connection of the offence
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punishable under NDPS Act and was in jail
for 7 years and trial had not been proceeded
further and because of these facts that the
Hon'ble Supreme Court had considered the
case for grant of regular bail while in the
present case, the applicant has been
arrested in the month of August, 2023.
Therefore, this judgment no more helps in
the present case.
9. In view of the aforesaid facts and
circumstances of the case, this Court is not
inclined to use its judicial discretion in
favour of the applicant to release him on
regular bail. The application is rejected.
Rule discharged.
(M. R. MENGDEY,J)
NABILA
