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CR.MA/12853/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12853 of 2010
=========================================================
GOLU
KRISHNANAND PANDE & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
AMIT N CHAUDHARY for Applicant(s) : 1 - 2.
MR MINI NAIR, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/10/2010
ORAL
ORDER
Rule.
Learned APP, Ms.Nair, waives service of rule on behalf of
respondent-State.
The
present application has been filed by the applicants for grant of
regular bail under Section 439 of Criminal Procedure Code in
connection with FIR being III-C.R.No. 1119 of 2010 registered with
Navsari Rural Police Station, Navsari for the offence punishable
under Sections 66(1)B, 65AE, 116(2), 81, 83 and 99 of Bombay
Prohibition Act.
Learned
advocate, Mr. Amit N.Chaudhary
submitted that applicants are driver and cleaner and they have no
antecedents and further submitted that it is a prohibition case, the
present application may kindly be allowed.
Learned
APP, Ms.Nair, resisted the application and submitted that the
applicants are habitual and other offence is also registered against
them.
Having
heard the learned advocate, Mr. Amit N.Chaudhary, for the applicants
and learned APP, Ms.Nair, and having considered the nature of
offence and role attributed, present application deserves to be
allowed.
Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with III-C.R.No. 1119 of 2010
registered with Navsari Rural Police Station, Navsari on his
executing a bond of Rs.5,000/- (Rupees Five Thousand) each with one
solvent surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that they shall:
(a) not
take undue advantage of their liberty or abuse their liberty.
(b) not
to try to tamper or pressurize the prosecution 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) mark
their presence before concerned Police Station on 1st
Monday of every month between 11.00 AM to 2.00 PM till the
charge-sheet is filed.
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their 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 permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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