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CR.MA/13624/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13624 of 2008
=========================================================
ARVINDBHAI
ARJANBHAI PARMAR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
LR PATHAN for
Applicant(s) : 1 - 2.MR MOHD.HANIF SHAIKH for Applicant(s) : 1 -
2.
MR SP HASURKAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/11/2008
ORAL
ORDER
1. Rule.
Mr. SP Hasurkar, learned APP waives service of Rule on behalf of
respondent.
2. This
application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 in connection with the offence being
Prohibition III-5228 of 2008 registered with Una Police Station,
Junagadh for the offence u/s. 66(1)(B), 65(A)(E), 116(2)(B), 81, 89
and 99 of Bombay Prohibition Act.
3. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence and quantum of punishment I am inclined to grant bail to
the applicants.
4. Considering
the above, this Application is allowed. The applicants are ordered to
be released on bail in connection with Prohibition III-5228 of 2008
registered with Una Police Station, (Dist. Junagadh) for the offence
alleged against them in this application on executing a Bond of
Rs.10,000/- (Rupees ten thousand only) each with one solvent surety
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 his liberty or abuse his liberty;
b) not
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the address of their 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;
g) surrender
their passport, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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