High Court of Gujarat

PREMARAM BHANWARARAM DEVASIversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: UTKARSH THAKORBHAI DESAI

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.

Subjects

temporary bailNDPS Actjurisdictionbail discretionnon‑resident accusedtrial 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.


                                  Page 1 of 2
         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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