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CR.MA/528/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 528 of
2010
=========================================================
RAJESH
DHULAJI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAXIT J DHOLAKIA for
Applicant(s) : 1,
MR U A TRIVEDI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 21/01/2010
ORAL ORDER
Rule.
Mr.U.A.Trivedi, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of respondent State. Having regard to
the facts and circumstances of the case, the application is taken up
for hearing today.
Heard
Mr.Raxit Dholakia learned advocate for the applicant and
Mr.U.A.Trivedi, learned Additional Public Prosecutor for the
respondent State at length and in great detail.
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who is arrested in
connection with First Information Report bearing Prohibition
C.R.No.240 of 2009 registered at Sector 7 Police Station Gandhinagar
for the offences punishable under sections 66(1),65(A)(E) and 81 of
the Bombay Prohibition Act.
The
learned advocate Mr.Raxit Dholakia for the applicant submitted that
considering the role attributed to the applicant and since he is
involved in the prohibition case, he be enlarged on bail.
Learned
APP Mr.U.A.Trivedi representing State while opposing the bail
application submitted that considering the role played by the
applicant and the antecedents of the applicant, no discretionary
relief be granted to the applicant and the application deserves to
be dismissed.
Having
considered the rival submissions, the role attributed to the
applicant which can be seen from First Information Report at
Annexure-A to the application, provisions of sections 66(1),65(A)(E)
and 81 of the Bombay Prohibition Act, quantum of punishment,
antecedents etc., I am of the view that applicant deserves to be
enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with First
Information Report bearing Prohibition C.R.No.240 of 2009 registered
at Sector 7 Police Station Gandhinagar on executing a bond of
Rs.10,000/- (Rupees Twenty 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 calender 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.
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.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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