Panel dismissed a criminal miscellaneous application seeking temporary bail for a foreign national accused under the NDPS Act, holding that granting bail posed a high risk of him not returning to India due to his status and the nature of the offence.
Temporary bail application dismissed; the accused must remain in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/9339/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9339 of 2020
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JOHN SOMADIN FERNANDIZ UBAH
Versus
STATE OF GUJARAT
========================================================== Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1 for the Respondent(s) No. 2
MS. MAITHILI MEHTA, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 13/07/2020
ORAL ORDER
Page 1 of 2
R/CR.MA/9339/2020 ORDER
(A. P. THAKER, J)
SAJ/ SINDHU NAIR
Page 2 of 2
2 issues framed by the court
Whether temporary bail can be granted to a foreigner accused of an offense under the NDPS Act who is unlikely to return to India after release.
Whether the learned Sessions Court's rejection of the bail application should be interfered with in the present circumstances.
1 provisions across 1 enactments
JOHN SOMADIN FERNANDIZ UBAH
STATE OF GUJARAT
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
