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CR.MA/6681/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6681 of 2008
=====================================================
RAJUBHAI
DOSUMAL PRITMANI SINDHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance :
MR
SP MAJMUDAR for Applicant(s) : 1,MR
PP MAJMUDAR for Applicant(s) : 1,
MR
AJ DESAI, APP for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 27/05/2008
ORAL
ORDER
Rule.
Mr. A.J.Desai, learned A.P.P. waives service of notice of Rule on
behalf of the respondent-State of Gujarat.
The
present applicant has been filed under section 439 of the Code of
Criminal Procedure, 1973 for regular bail. The applicant-accused is
charged with the offence under Sections 66(1)(b), 65 A.E., 81, 83,
116(b) of the Prohibition Act, for which Borsad Police Station
Prohibition C.R. No.5157 of 2008 has been registered with Borsad
Police Station.
The
case of the prosecution briefly summarised is that the applicant is
found in possession of stock of boxes of English Brand Alcohol
Bottles and Beer Tins, and on the basis thereof the offence has been
registered.
Learned
advocate Mr.Y.J.Patel for Mr.S.P.Majmudar states that the alleged
offence are triable by the court of Magistrate and the sentence
prescribed for such offence is three years, and therefore the bail
may be granted. Learned A.P.P. Mr.Desai submitted that he appears to
be a habitual offender and also regularly dealing in such
activities, and has been found in possession of quantity of liquor.
In
the facts and circumstances, as discussed above, considering the
gravity of offence, punishment prescribed, which is admittedly the
case triable by the court of Magistrate and the punishment is only
of 3 years, this court is of the opinion that the present
application is required to be allowed.
The
applicant is ordered to be released on bail in connection with
Borsad Police Station Prohibition C.R. No.5157 of 2008 registered
with Borsad Police Station, on his executing a bond of Rs.10,000/-
(Rupees Ten Thousand Only) with one solvent 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
to try to tamper or pressurise the prosectuion witnesses or
complainant in any manner;
c. not
act in any manner injurious to the interest of the prosecution;
d. maintain
law and order and should cooperate the investigating officers;
e. to
mark his presence till the investigation is over on 1st
Tuesday of each calender month, and shall mark his presence before
the Borsad Police Station on 1st Tuesday of each calender
month.
f. furnish
the address of his residence to the Investigating Officer 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. surrender
his passport, if any, to the lower court within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower court having jurisdiction to try the case. It would
be open to the trial court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
[R.H.
SHUKLA, J.]
binoy*
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