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CR.MA/8293/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8293 of 2010
=====================================================
ABDUL
RAHEMAN GULAM RASUL SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
H.S.MULIA for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/08/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who came to be arrested
in connection with CR No. I – 143 of 2010 registered with Dabhoda
Police Station for the offences punishable under Sections 66(b),
65(a)(c), 81 of the Bombay Prohibition Act.
Mr.
Mulia, learned advocate for the applicant submitted that the
applicant is an innocent person and he has been falsely implicated in
the commission of offence as reflected in the FIR. The applicant has
not participated in the commission of the offence nor played any
overt act in the commission of the offence. There is no any evidence
to show that the applicant is the owner of the car. Therefore,
considering the prayer as set out in the application, the applicant
be enlarged on bail.
Learned
APP Mr. Jani appearing on behalf of the State, while opposing the
bail application, submitted that the applicant is involved in the
serious offence punishable under Sections 66(b), 65(a)(c), 81 of the
Bombay Prohibition Act. Considering the role attributed to the
applicant and the nature of the offence, no discretionary relief be
granted to the applicant and the application be dismissed.
I
have heard the learned counsel for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant which is reflected in
the FIR at Annexure A as well as police papers. Prima facie it
appears that the applicant has not participated in the commission of
the offence or played any overt act. At this bail state, without
going into merits of the case, and considering the peculiar facts and
circumstances of the case, the applicant deserves to be enlarged on
bail. However, stringent terms and conditions are required to be
imposed on the applicant while releasing him on bail.
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 C.R. No. I – 143 of 2010 registered with Dabhoda Police Station,
Ahmedabad on his executing a bond of Rs.10,000/- [Rupees ten 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).
Mark his presence at the concerned Police Station on 15th
day of every English Calender month, till the trial is over;
(e). not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[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.
(Z.K.SAIYED,J.)
ynvyas
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