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CR.MA/4566/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4566 of 2010
=========================================================
BAI
TANWANI SUNITABEN ASHOKBHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ARVIND K THAKUR for Applicants.
MR DIVYESH SEJPAL, ADDL. PUBLIC
PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/05/2010
ORAL
ORDER
1. This
application is preferred under Section 439 of the Code of Criminal
Procedure, 1973 seeking regular bail by the applicants, who came to
be arrested in connection with FIR registered as C.R. No. II-5098 of
2010 with Himatnagar Railway Police Station for the offence
punishable under Sections 66.B, 65.A,E of the Bombay Prohibition Act.
2. Herd
learned advocate Mr. Arvind Thakur for the applicant and Mr. D.C.
Sejpal, learned APP for the State at length and in great detail.
3. Considering
the role attributed to the applicant as reflected in the FIR, police
papers, recovery of only 30 bottles of liquor, provisions of Sections
66.B, 65.A,E of the Bombay Prohibition Act and the quantum of
punishment, I am of the view that the applicants are required to be
enlarged on regular bail at this stage, without entering into the
merits of the case and without discussing the evidence in detail.
5. The
parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with C.R. No. II-5098 of 2010 with Himatnagar Railway Police Station
on executing a bond of Rs.10,000/- each [Rupees ten thousand
only] 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 Himatnagar Railway 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 I.O. 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;
[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 applicants on bail.
10. Rule
is made absolute to the aforesaid extent.
11. Direct
Service is permitted.
mathew [H.B.ANTANI,
J.]
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