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CR.MA/11874/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11874 of 2008
=========================================================
AZIZMIYA
USMANMIYA BHATI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BHUNESH C RUPERA for
Applicant(s) : 1,
MR.MAULIK NANAVATI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/09/2008
ORAL
ORDER
Rule. Mr.Nanavati, learned Addl.
Public Prosecutor for the State waives the service of notice of Rule.
With the consent of learned Advocate for the respective parties, the
matter is taken up for final hearing.
Present application is filed under
Section 439 of the Cr.PC by the applicant for releasing him on
regular bail in connection with FIR registered being III-5075 of
2008 at Malpur Police Station for the offence punishable under
Sections 66 (B), 65 (A), (E), 116-B and 81 of the Prohibition Act.
Learned Advocate for the applicant
has submitted that looking to the allegations against the applicant
for the offence under the Prohibition Act and considering the
maximum punishment and considering the fact that the investigation
is already concluded and charge-sheet is already filed and the fact
that the applicant is in jail since last three months, case
of the applicant deserves to be considered. It is further submitted
that applicant will stay / reside in Kheda District so that his
activity can be restricted.
Considering the fact that the
applicant is charged for the aforesaid offence and the fact that the
investigation is already concluded and charge-sheet is already filed
and the fact that the applicant is in jail since last three months,
case of the applicant deserves to be considered by imposing certain
stringent conditions so as to check the activities of the applicant
and restrict his activities so that the applicant may not further
indulge into the same activity.
Considering above aspect, the
application deserves to be allowed and is allowed. The applicant is
ordered to be released on bail in connection with Crime Register
No.III-5075 of 2008 of Malpur Police Station, Modasa, Dist:
Sabarkantha on his executing a bond of Rs.5,000/- (Rupees Five
Thousand only) with one surety of the like amount to the
satisfaction of the lower 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) maintain law and order;
d) shall not leave Dist: Kheda except
for the purpose of attending the trial;
e) mark his presence before nearest
Police Station on every 1st and 15th day of
every English calendar month between 9.00 a.m. and 2.00 p.m. till the
trial is concluded.
f) furnish the address where the
applicant proposes to stay in Dist: Kheda before the learned JMFC and
before the concerned I.O. of Malpur Police Station and also to
furnish the said address at the time of execution of the bond and
will not change the residence without prior permission of this Court;
g) surrender his passport, if any,
to the lower Court within a week;
6. 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.
7. Bail before the lower Court having
jurisdiction to try the case.
8. Rule is made absolute. Direct
Service is permitted.
(M.R.SHAH, J.)
sompura
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