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CR.MA/12738/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12738 of
2010
=========================================================
VIJAYBHAI
JAIRAM PATEL & 1 - Applicant(s)
Versus
STATE
OF GUAJRAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ADIL R MIRZA for
Applicant(s) : 1 - 2.
MS MANISHA L SHAH ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date : 28/10/2010
ORAL ORDER
The
present application has been filed by the applicants for grant of
regular bail under section 439 of Code of Criminal Procedure, 1973,
after the charge sheet is filed.
The
applicants are charged with having committed offence sections
66(1)(B), 65 A E, 81 and 116 of Bombay Prohibition Act, for which,
F.I.R. being III-C.R.No.827 of 2010 has been registered with Vaapi
Twon Police Station.
Learned
advocate Mr.Adil Mirza for the applicants accused submitted that
applicants are the driver and cleaner and therefore considering the
nature of offence, as the charge sheet is filed, present application
may be allowed.
Learned
APP Ms.Manisha Shah resisted the application and submitted that
quantity is huge worth Rs.17/- lacs. Though it is confirmed that the
applicants are the driver and the cleaner.
Having
heard learned advocate Mr.Mirza for the applicant and learned APP
Ms.Shah for the State and having considered the nature of offence
and role attributed to the present applicant, present application
deserves to be allowed.
Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with III-C.R.No.827 of 2010
registered with Vaapi Twon Police Station on their executing bond of
Rs.5,000/- (Rupees Five Thousand) each with one solvent surety each
of the 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
their presence before concerned Police Station on 1st
Monday of English calender month between 11:00 AM to 2:00 PM till the
trial commences.
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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