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CR.MA/1058220/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10582 of
2008
=========================================
CHIKABHAI
BAPUBHAI DAYARA KOLI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
DEVENDRA K RATHOD for Applicant(s) : 1,MR
JOITABHAI N PATEL for Applicant(s) : 1,
MS MANISHA SHAH, APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/08/2008
ORAL ORDER
1. RULE.
Ms Manisha Shah, learned Additional Public Prosecutor waives service
of Rule on behalf of the State. In the facts and circumstances of
the case and by consent of both the sides, this application is taken
up for hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with Prohibition CR No. 66
of 2008 registered with Devgadh Baria Police Station for the offences
punishable under Sections 66B, 65A-E and 81 of the Prohibition Act.
3. Learned
advocate for the petitioner submitted that the petitioner is an
innocent person and false case is foisted on him. The learned
advocate for the petitioner submitted that considering the role
played by the petitioner which is reflected in the FIR at Annexure-A
to the petition, it is a fit case to enlarge the petitioner on bail.
4. Ms
Manisha Shah, learned Additional Public Prosecutor representing the
State submitted that taking into account the role attributed to the
petitioner which is reflected in the FIR at Annexure-A to the
petition, the petitioner is booked for the offences punishable under
Sections 66B, 65A-E and 81 of the Prohibition Act. Considering the
nature of involvement of the petitioner, the petition deserves to be
dismissed.
5. I
have heard learned advocate for the petitioner and learned Additional
Public Prosecutor for the State at length and in great detail. The
averments made in the petition have been carefully perused by me.
The FIR at Annexure-A to the petition and the role attributed to the
petitioner is also taken into consideration by me. In view of the
above, without entering into merits of the case, I am inclined to
exercise my discretion in favour of the petitioner.
6. In
the facts and circumstances of the case, the petition is allowed and
the petitioner is ordered to be enlarged on bail in connection with
Prohibition CR No. 66 of 2008 registered at Devgadh Baria Police
Station 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 the 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 I.O. 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;
[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 to the aforesaid extent.
Direct
Service is permitted.
[H.B.
Antani, J.]
mrpandya*
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