KHANTUNBIBI MOHMAD SHAFI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by ld. APP Mr. KT Dave for respondent No.1 State.

(2.) The applicant who is accused No.1 has been convicted by the ld. Addl. Sessions Judge, Ahmedabad City, Court No.2, Ahmedabad vide judgment dated 28.05.2004 in Sessions Case No.252/2002 for the offences punishable under Sections 20(b)(2), 21 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the NDPS Act). He has been imposed R/I for 5 Years and a fine of Rs.50,000/, I/d to undergo further R/I for 6 Months by the ld. trial Court.

(3.) (i)It is submitted by ld. counsel Mr. Barejia for the applicant accused that this case being the case of short sentence- sentence of fixed period, the applicant accused may be enlarged on bail as there is no scope of hearing of the criminal appeal as observed by the Apex Court in the case of Bhagwan Rama Shinde Gosai v/s State of Gujarat, (1999) 4 SCC 421. Mr. Barejia has mainly submitted that the applicant is a lady and, therefore, the approach of the Court while dealing with bail application of a lady accused should be different, in view of the scheme of Sec.437 of CrPC. Of course, as per the say of the prosecution, more than one type of prohibited substances have been recovered during the course of investigation and considering gravity, she was no granted bail pending trial.