Gujarat High Court Case Information System
Print
CR.MA/11053/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11053 of 2008
=========================================================
GOSWAMI
VIJAYGIRI MAHESHGIRI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
GIRISH D CHAVDA for Applicant(s) : 1,
MR
MAULIK NANAVATI, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/09/2008
ORAL
ORDER
1. Rule.
Mr.Maulik Nanavati, learned APP waives service of Rule on behalf of
the respondent ? State. With the consent of the learned Advocates
appearing on behalf of the respective parties, the application is
taken up for final hearing today.
2. Present
application is filed by the applicant ? original accused ?
Goswami Vijaygiri Maheshgiri under Section 439 of the Criminal
Procedure Code for releasing him on bail in connection with complaint
being C.R.No.Prohi.5124 of 2008 registered with Chotila Police
Station for the offences under Sections 66B, 65(A)(E), 116(B) of the
Bombay Prohibition Act.
3. Mr.Chavda,
learned Advocate appearing on behalf of the applicant has submitted
that the applicant is aged 23 years and considering the nature of
offences alleged and maximum punishment, it is requested to consider
the case of the applicant to release him on bail even imposing
certain conditions inclusive of that the applicant shall not leave
Viramgam till trial is over, except for the purpose of attending the
Court.
4. Heard
Mr.Chavda, learned Advocate for the applicant and Mr.Nanvati, learned
APP for the State and considering the nature of allegations and
offences alleged under the Prohibition Act and maximum punishment
which can be imposed, case of the applicant for bail deserves to be
considered.
5. For
the reasons stated above, the application is allowed and the
applicant is ordered to be released on bail in connection complaint
being C.R.No.Prohi.5124 of 2008 registered with Chotila Police
Station on executing a bond of Rs.5,000/- (Rupees Five Thousand only)
with one surety of the like amount to the satisfaction of the lower
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) maintain
law and order;
(d) mark
his presence before nearest Police Station on every 1st
and 15th day of month between 9.00 a.m. and 2.00 p.m.
(e) Shall
not leave Viramgam till trial is concluded, except for the purpose of
attending the trial;
(f) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(g) furnish
the address of his residence to the Jail Authorities and concerned
Investigating Officer and at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(h) surrender
his passport, if any, to the lower Court within a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct Service is permitted.
[M.R.Shah,J.]
satish
Top