AI Structured Summary
Not yet generated for this judgment
Judgment
B.N. Karia, J
The present application has been preferred by the applicant seeking temporary bail for a period of 4 weeks on the ground of sad demise of his
motherÂinÂlaw on 5.5.2021.
It is submitted by the learned advocate for the applicant that the presence of the applicant is needed back home to perform final rites of his
motherÂinÂlaw. It is further submitted that the present applicant needs to provide monetary assistance to his family.
Learned Public Prosecutor has opposed this application and submitted that by an order dated 20.4.2020 passed by this Court in Criminal Misc.
Application No.6057 of 2020, the applicant was released on temporary bail for a period of two weeks but he was not remained present and was
absconded for a period of 64 days. It is further submitted that looking to the conduct of the applicant, the learned trial Court has rightly rejected the
prayer of the applicant in its order dated 17.5.2021.
On the contrary, it is submitted by the learned advocate for the applicant that the late surrender was regularized vide order dated 6.7.2020 passed
by this Court, in Criminal Misc. Application No.1 of 2020 in Criminal Misc. Application No.6057 of 2020.
Heard learned advocate for the applicant and Public Prosecutor for the respondent â€" State.
Having gone through the contents of the application and submissions made by the learned advocates for the respective parities and the orders
placed on record, the present applicant is involved in the offence, being C.R. No.IIÂ550 of 2016 registered with Chowkbazar Police Station, Surat
City for the offence punishable under Sections 8(C), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It also appears from
the jail remarks that though earlier the applicant was released on temporary bail by this Court, he did no surrender in time and the period of late
surrender was regularized vide order dated 6.7.2020 passed by this Court, in Criminal Misc. Application No.1 of 2020 in Criminal Misc. Application
No.6057 of 2020.
In view of the aforesaid facts and circumstances of the case, I am not inclined to use judicial discretion in favour of the applicant to release him on
temporary bail. The application is rejected.
Registry is directed to send a copy of this order to concerned Jail Authority through eÂmail or fax forthwith.