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R/CR.MA/7008/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7008 of 2011
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SHAJID
HASHIR DOSANI....Applicant(s)
Versus
THRO.
PUBLIC PROSECUTOR....Respondent(s)
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Appearance:
MR
SANJAY PRAJAPATI as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH APP for respondent
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 08/06/2011
ORAL
ORDER
Rule.
Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf
of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Kosmba Police Station, Surat vide C.R.No.I-61 of 2011 for the
offences punishable under 465, 471 of IPC and 66(1)(B), 65AE, 116(2),
81 and 83 of the Bombay Prohibition Act, 1949.
This
Court has thought fit to exercise its discretion taking into
consideration the following aspects :
All
offences are magistrate triable offences. Maximum punishment
prescribed under the Act is upto 3 years.
Investigation
is practically over.
Charge-sheet
is filed.
In
this view of the matter, I am persuaded to exercise my discretion in
favour of the accused applicant. Under the circumstances,
accused-applicant is ordered to be enlarged on regular bail in
connection with offence registered with Kosmba Police Station, Surat
vide C.R.No.I-61 of 2011 on executing a bond in the sum of
Rs.15,000/- (Rupees fifteen 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
liberty or misuse liberty;
b)
not act in a manner injurious to
the interest of the prosecution;
c)
surrender passport, if any, to
the lower court within a week;
d)
not leave the State of Gujarat
without prior permission of the Sessions Judge concerned;
e)
mark presence at the concerned
police station on the first Sunday of every month between 10.00 a.m.
and 3.00 p.m. till the trial commences;
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 the residence without
prior permission of this Court;
(g) Shall
not leave the State of Gujarat till the conclusion of the trial
without prior permission of this Court;
(h) shall
furnish permanent residential address at the time of furnishing bail
bond;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter. Bail bond to be executed before the lower court
having jurisdiction to try the case.
It
goes without saying that any observations touching the merits of the
case are purely for the purpose of deciding the question of grant of
bail and shall not be construed as an expression of the final opinion
in the main matter.
Rule
is made absolute to the aforesaid extent. D.S.permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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