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CR.MA/110/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 110 of 2010
=========================================================
VIRALKUMAR
HASMUKHBHAI SHAH (PARIKH) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MM TIRMIZI for
Applicant(s) : 1,
MS ML SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/01/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
Prohibition C.R. No. 113 of 2009 filed before the Dabhoda Police
Station, Gandhinagar Dist for the offence punishable under sections
66 (B), 65(A) (E) and 81 of the Bombay Prohibition Act.
Mr. Tirmizi,
learned advocate for the applicant submitted that the applicant has
not played any vital role in the alleged commission of offence.
Learned advocate submitted that this is a fit case to enlarge the
applicant on regular bail.
As against the
aforesaid, learned APP Ms. M.L. Shah submitted that considering the
antecedents and the role attributed to the applicant no
discretionary relief can be granted to the applicant, and the
application deserves to be dismissed.
Having heard the
rival submissions of learned advocates and having considered the role
attributed to the applicant and reflected in the FIR at Annexure ‘A’
and the quantum of punishment etc., I am of the view that the the
applicant is required to be enlarged on regular bail at this stage on
stringent conditions in view of the antecedents, without entering
into the merits of the case and without discussing the evidence in
detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with
Prohibition C.R. No. 113 of 2009 filed before the Dabhoda Police
Station, Gandhinagar Dist. on executing a bond of Rs.20,000/-
[Rupees twenty thousand only] with one surety of the like amount to
the satisfaction of the trial court and subject to the conditions
that he shall:
[a] not take undue
advantage of his liberty or abuse his liberty;
[b]. not act in a
manner injurious to the interest of the prosecution;
[c]. surrender his
passport, if any, to the lower court within a week;
[d]. not leave the
State of Gujarat without the prior permission of the Sessions court
concerned;
[e]. mark his
presence at Dabhoda Police Station twice in a month, i.e. on 1st
and 15th of English calendar month, between 9.00 AM and
2.00 PM. till the trial is over;
[f]. furnish the
present address of his residence to the I.O. and also to the Court at
the time of execution of the bond and shall not change his residence
without prior permission of this Court;
[g]. maintain law
and order.
If breach of any
of the above conditions is committed, the Sessions Judge concerned
will be free to issue warrant or to take appropriate action in the
matter.
Bail bond to be
executed before the lower Court having jurisdiction to try the case.
At the trial, the
trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the applicant on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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