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CR.MA/13787/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13787 of 2011
======================================
BHAGWAN
@BHERU LALCHAND TEKWANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
MR PRAJAPATI for Applicant(s) : 1,
MR KL PANDYA ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/10/2011
ORAL
ORDER
Rule.
Learned APP Mr. Pandya waives service of Rule on behalf of the
respondent – State.
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-281 of 2010 registered at Dahegam Police Station, for the
offence punishable under Sections 66(1), (b), 65(a)(e) and 81 of the
Bombay Prohibition Act.
2. Learned
advocate Mr. Prajapati for the applicant submitted that the applicant
is an innocent person and he has been wrongly implicated in the
commission of the offence. The name of the applicant is not mentioned
in the FIR. The stock of liquor has not been seized from the
applicant and the applicant was not aware that who had fetched said
stock of liquor, from where and for what purpose. Therefore, the
applicant may kindly be released on bail by imposing suitable
conditions.
3. Learned
APP Mr. Pandya for the State submitted that considering the
seriousness of the offence, in which the applicant is involved, the
application of the applicant is required to be rejected.
4.
Having considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in the FIR, police papers,
provisions of Sections of the IPC and quantum of punishment and the
fact that there is no direct allegation against the applicant, I am
of the view that the applicant deserves to be enlarged on bail. This
court is not entering into the detail discussion of the evidence at
this stage of bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with CR No. I-281 of 2010 registered at Dahegam Police Station, on
executing a bond of Rs.10,000/- [Rupees ten 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 concerned Police Station on 15th day of
every English calendar month at 11.00 AM till the trial is over;
[g] 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;
[h] maintain
law and order.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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