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CR.MA/8130/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8130 of 2008
==============================================
ABDUL
SAMAD @ GUDDU ALIKAMAR SHAIKH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================
Appearance
:
MR HRIDAY BUCH for Applicant(s)
: 1 - 2.
MS ARCHANA RAWAL, APP for Respondent(s) :
1,
==============================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 26/06/2008
ORAL
ORDER
Rule.
Ms. Archana Rawal, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure, 1973, in connection with the offence
registered with Valsad City Police Station bearing C.R. No. III ?
5291 of 2008 for the offences punishable under Sections 66(1)(b),
65-A, E, 116 and 81 of the Bombay Prohibition Act, 1949.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, this application is allowed. The
applicants-original accused are ordered to be released on bail in
connection with the offence registered with Valsad City Police
Station being C.R. No. III – 5291 of 2008 on their executing a bond
of Rs. 5,000/- (Rupees five thousand only) each with one surety of
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
act in a manner injurious to the interest of the prosecution;
(c
) maintain law and order;
(d) shall
mark their presence before the concerned police station twice in a
month between 9.00 a.m. and 2.00 p.m.;
(e) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned;
(f) furnish
the address of their residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
(g) surrender
their passport, if any, to the lower Court within a week.
4. 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.
5. Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute accordingly. Direct service is permitted.
(
BHAGWATI PRASAD, J. )
hki
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