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CR.MA/8564/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8564 of 2008
=====================================================
FARUKI
ZAKIRHUSSAIN @ BABLU NAZIRHUSSAIN - Applicant
Versus
STATE
OF GUJARAT - Respondent
=====================================================
Appearance
:
MR SP MAJMUDAR for the
Applicant.
MR KT DAVE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. K. T. Dave waives service
of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail of the petitioner in connection with
C. R. bearing No. 40 of 2008 filed at Patan City for the offences
punishable under Sections 66 (1) (b), 65A.E., 67-C, 81 and 116 (b) of
the Prohibition Act.
3. Learned
Advocate Mr. S. P. Majmudar for the petitioner submitted that
considering the role attributed to the petitioner, which is reflected
in the FIR, it is fit case to release the petitioner on bail. The
learned Advocate submitted that the petitioner would abide by the
terms and conditions imposed by this Court.
4. Learned
Additional Public Prosecutor Mr. K. T. Dave representing the
respondent-State submitted that considering the nature of offences,
the involvement of the petitioner in the commission of offences and
the gravity of the offences, the petition deserves to be rejected.
The learned Additional Public Prosecutor submitted that, in the
alternative, if the Court is inclined to release the petitioner on
bail, then stringent terms and conditions be imposed.
5. Having
considered the rival submissions and on perusal of the FIR at
Annexure-A, I am inclined to exercise my discretion in favour of the
petitioner without entering into the merits of the case.
6. For
the foregoing reasons, the petition is allowed. The petition is
ordered to be enlarged on bail in connection C. R. bearing No. 40 of
2008 filed at Patan City for the offences punishable under Sections
66 (1) (b), 65A.E., 67-C, 81 and 116 (b) of the Prohibition Act 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 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] not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e] mark
his presence at concerned police station on any day of every first
week of English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f] furnish
the present 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; and,
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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