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CR.MA/3123/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3123 of 2010
=====================================================
SONU
@ SOMABHAI OMPRAKASH BHURIA (SANSI) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
ARVIND K THAKUR for Applicant(s) : 1,
MR DEVANG VYAS ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with CR No. III – 85 of 2010
registered with Dahod Rural Police Station, Dahod for the offences
punishable under Sections 66 B, 65 A,E, 116 B, 81 and 83 of the
Bombay Prohibition Act.
I
have heard the learned advocate for the applicant and learned APP for
the respondent State at length and in great detail. Considering
the role attributed to the applicant as reflected in the FIR, police
papers, provisions of Sections 66 B, 65 A,E, 116 B, 81 and 83 of the
Bombay Prohibition Act, quantum of punishment etc., I am of the view
that the applicant deserves to be enlarged on bail. However,
stringent terms and conditions are required to be imposed while
releasing the applicant on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. III –
85 of 2010 registered with Dahod Rural Police Station, Dahod on
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 her 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 the concerned Police Station on any day of first week
of every English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
(f) furnish
the present address of her 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.
(H.B.ANTANI,
J.)
ynvyas
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