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CR.MA/11106/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11106 of
2011
=========================================================
MOHANBHAI
@ MANU BALUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
ADIL R MIRZA for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/08/2011
ORAL
ORDER
RULE.
Learned APP Mrs. Manisha L. Shah waives service of notice of Rule
for the respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with the first information report registered
as Prohibition C.R. No.III-282/2009, registered with Vapi
Udhyognagar Police Station, Valsad for the offences punishable under
Sections-66(1)(b), 65(a)(e), 81, 83 and 116(B) of the Bombay
Prohibition Act.
Heard
learned Counsels for the parties and perused the record.
Considering
the facts and circumstances of the case, the nature of allegations,
role attributed to the accused and the punishment prescribed for the
alleged offences and the Court in which it is triable, I am inclined
to enlarge the applicant on bail, by imposing suitable conditions.
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 Prohibition C.R. No.III-282/2009, registered with Vapi
Udhyognagar Police Station, Valsad, 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;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
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
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m., till the trial commences;
(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
same without prior permission of this Court;
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. Direct Service is
permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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