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CR.MA/2038/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2038 of 2011
=================================================
IMRAN
@ BALLI ABBAS MULTANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
MR PRAJAPATI for Applicant(s) : 1,
MR AJ DESAI APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/02/2011
ORAL
ORDER
Rule.
Mr. learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.III 20/2011 with Chikhlee Police Station, for the offences
punishable under Sections 66(1)(b), 65(a)(e), 116(B), 81, 99 of the
Bombay Prohibition Act.
Learned
counsel appearing for the applicant submits that the applicant will
not flee from justice and will cooperate with the investigation as
and when called for. It is further submitted that considering
the nature of offences, role attributed to the applicant and
punishment prescribed for the alleged offences, the
applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences , without discussing the
evidence in detail, at this stage, I am inclined to enlarge the
applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No. III 20/2011
with Chikhlee Police Station on executing a bond of Rs.5,000/-
(Rupees Five thousand only) with one surety of the like amount to
the satisfaction of the trial Court and subject to the conditions
that he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
shall
not enter into the districts of Navsari, Surat and Valsad for three
months;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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