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CR.MA/11440/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11440 of 2007
=========================================================
JOITABHAI
KHETABHAI RABARI(DESAI) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ABHAYKUMAR P SHAH for
Applicant(s) : 1,
MR DEEPEN DESAI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.S.DAVE
Date
: 05/10/2007
ORAL
ORDER
1. Rule.
Mr.Deepen Desai, learned APP, waives service of notice of Rule for
respondent – State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
Prohibition Crime Register No.5112/2007 with Dhanera Police Station,
for the offences punishable under Sections 66(B), 65(A) (E) and
116(2) of the Bombay Prohibition Act, 1949.
3. Mr.Abhay
Shah, learned counsel for the applicant submits that now the charge
sheet is filed and considering the nature of offence, punishment
prescribed and Court in which the case is triable, case of the
applicant be considered for bail.
4. Heard
Mr.Desai, learned APP for the respondent ? State.
5. The
parties do not press for further reasoned order.
6. Considering
the facts and circumstances of the case, submissions made by learned
counsel appearing for both the parties, more particularly, the nature
of allegation levelled against the applicant and that the
charge-sheet is already filed, I am inclined to enlarge the
applicant on bail.
7. 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 Prohibition Crime
Register No.5112/2007 with Dhanera Police Station, 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 trial Court and subject to the
conditions that he shall;
(a) not
take undue advantage of his liberty or misuse 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 prior permission of the Sessions
Judge concerned;
(e) mark
his 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.
(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 the
residence without prior permission of this Court;
8. The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
9. 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.
10. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
[ANANT
S. DAVE, J.]
//smita//
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