High Court of Gujarat
PREMARAM BHANWARARAM DEVASIversusSTATE OF GUJARAT
- Decided
- Disposal
- 28-REJECTED @ ADM.STAGE
Holding
Temporary bail was denied as the accused’s residence outside Gujarat posed a risk of non‑appearance.
Summary
The applicant, Premaram Bhanwararam Devasi, was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1988. He applied for a 30‑day temporary bail through the jail authorities. The trial court rejected the bail, noting that the applicant is a permanent resident of Rajasthan and may not be available for trial if released. The High Court, agreeing with the lower court, exercised its discretion and declined to grant temporary bail, emphasizing the risk of non‑appearance. Consequently, the application for temporary bail was dismissed.
Issues considered
- Whether temporary bail should be granted to an accused who is a non‑resident of the state where the trial is pending.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1988
Subjects
- temporary bail
- NDPS Act
- jurisdiction
- bail discretion
- non‑resident accused
- trial attendance
Judgment
R/CR.MA/1843/2026 ORDER DATED: 02/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 1843 of
2026
==========================================================
PREMARAM BHANWARARAM DEVASI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS.JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 02/02/2026
ORAL ORDER
1. The applicant herein has preferred an application
praying for temporary bail of 30 days through jail
authorities.
2. The applicant was arrayed as an accused in the
o昀昀ense alleged to have been committed under the
NDPS Act, 1988. However, it transpires that the
applicant is not a resident of Gujarat and rather
belongs to Village:Chandelav, Taluka:Bilad,
District:Jodhpur, Rajasthan.
3. The learned 3rd Additional Sessions Judge, while
rejecting his temporary bail application had taken
note of the fact that the applicant being a permanent
resident of Rajasthan, if released on temporary bail,
would not be available for trial.
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R/CR.MA/1843/2026 ORDER DATED: 02/02/2026
4. In the event, this Court is not inclined to exercise
the discretion in favour of the applicant.
5. Present application for temporary bail is hereby
rejected.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 17:50:04
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