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CR.MA/11999/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11999 of 2010
=========================================================
ANIL
DAHYABHAI SOLANKI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HR PRAJAPATI for
Applicant(s) : 1 - 2.
MR MG NANAVATI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 14/10/2010
ORAL
ORDER
1. Present
application has been filed by the applicants for grant of regular
bail under Section 439 of Code of Criminal Procedure, 1973.
2. The
applicants accused are charged with having committed offence under
Sections 66(1)(b), 65(a)(e) & 81 of Bombay Prohibition Act for
which FIR being Prohi. C.R.No.5195 of 2010 registered with Vatva
Police Station.
3. Learned
Advocate Mr. Prajapati submitted that considering the nature of
offence and quantity which is alleged to have been recovered, present
application may be allowed.
4. Learned
APP Mr. M.G.Nanavati resisted the application.
5. Having
heard the learned Advocate Mr. Prajapati as well as learned APP and
having considered the nature of offence, the role attributed, present
application deserves to be allowed.
6. Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with the F.I.R. being Prohi.
C.R.No.5195 of 2010 registered with Vatva Police Station, on
their 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 with the investigating officers.
(e) mark
their presence before concerned Police Station on 1st
Monday of every month of English calender 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.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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