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CR.MA/9222/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9222 of 2008
=====================================================
RAJENDRASINH
@ RAJU RANABHAI BABARIA AND ANOTHER - Applicants
Versus
STATE
OF GUJARAT - Respondent
=====================================================Appearance
:
MR ASHISH M DAGLI for the
Applicants.
MS MANISHA L. SHAH, ADDITIONAL PUBLIC PROSECUTOR for
the Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. Manisha L. Shah waives
service of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail of the petitioners in connection with
C. R. bearing No. III-5082 of 2008 filed at Keshod Police Station,
District:- Junagadh for the offences punishable under Sections 66(B),
65A,E, 116(20)(B), 98, 99 and 81 of the Prohibition Act.
3. Learned
Advocate Mr. Ashish M. Dagli for the petitioners submitted that
complaint came to be filed on 26-06-2008 by Police Inspector of
Keshod against the petitioners for the said offences and considering
the role attributed to the petitioners which is reflected in the FIR
produced at Annexure-A to the petition, it is a fit case to release
the petitioners.
4. As
against the aforesaid submissions, learned Additional Public
Prosecutor Ms. Manisha L. Shah representing the respondent-State
submitted that considering the nature of the offences and the role
played by the petitioners in the commission of offences and the
gravity of the offences in which they are involved, the petition
deserves to be rejected.
5. Having
considered the rival submissions and on going through the averments
made in the petition as well as the FIR at Annexure-A to the petition
and the role played by the petitioners, I am inclined to exercise my
discretion in favour of the petitioners without entering into the
merits of the matter.
6. The
petition is allowed. The
petitioners are ordered to be enlarged on bail in connection with C.
R. bearing No. III-5082 of 2008 filed at Keshod Police Station,
District:- Junagadh for the offences punishable under Sections 66(B),
65A,E, 116(20)(B), 98, 99 and 81 of the Prohibition Act on their
executing a bond of Rs.10,000/- [Rupees Ten Thousand Only] each with
one surety each of the like amount to the satisfaction of the Trial
Court and subject to the conditions that they shall:
[a] not
take undue advantage of their liberty or abuse their liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
their 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
their 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 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 this Court;
and,
[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 petitioners on bail.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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