Gujarat High Court Case Information System
Print
CR.MA/3027/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3027 of 2010
=========================================================
HARESHBHAI
MAHESHBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAXIT J DHOLAKIA for
Applicant(s) : 1,
MR DC SEJPAL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/04/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicant who came to be arrested in connection with
Prohibition CR No. 51 of 2010 registered with Dabhoda police station
for the offence punishable under Sections 66[b], 65[a][e], 116[b] and
81 of Bombay Prohibition Act.
Considering
the rival submissions and on perusal of the role attributed to the
applicant as reflected in the FIR, provisions of Sections 66[b],
65[a][e], 116[b] and 81 of Bombay Prohibition Act, quantum of
punishment as well as police papers, I am of the view that the
applicant deserves to be enlarged on bail.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with Prohibition CR No.
51 of 2010 registered with Dabhoda 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 the concerned Police Station on any day of first week
of every English calendar 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 applicant on bail.
Rule is
made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
Antani, J.]
pirzada/-
Top