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CR.MA/12693/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12693 of
2010
=========================================================
HASINABEN
@ HASUMASI IBRAHIMBHAI @ BHOLABHAI OSMANBHAI MER & 1 -
Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
SUBHADRA G PATEL for
Applicant(s) : 1 - 2.
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 22/10/2010
ORAL ORDER
1. Rule.
Mr KL Pandya, learned APP appears and waives service of notice of
rule on behalf of the respondent State.
2. The
petitioners have preferred this application under Section 439 of the
Code of Criminal Procedure, 1973 seeking regular bail in connection
with Lodhika Police Station, Rajkot (Rural) bearing Prohibition CR
No.5165 of 2009 for the offences punishable under Sections 66(B),
65AE, 116(B) and 81 of the Bombay Prohibition Act.
3. Considering
the facts and circumstances of the case, the matter is taken up for
final hearing today.
4. Ms
SG Patel, learned advocate representing the petitioners submitted
that the petitioners are lady accused persons and the offences
alleged against them are under the Bombay Prohibition Act. It is
submitted that they will abide by any conditions that may be imposed
by this Court. It is further submitted that the offences alleged
against the lady accused are triable by the learned JMFC and
therefore, it is submitted that the application may be allowed.
5. Per
contra, Mr KL Pandya, learned APP representing the State opposed this
application and stated that considering the FIR and the role played
by both these 3 accused in the incident, the application may be
rejected.
6. Having
considered the submissions advanced on behalf of both the sides and
considering the FIR and the role attributed to both the petitioners
in the FIR so also the fact that the offences alleged against the
petitioners are triable by the learned JMFC, this Court is of the
opinion that the regular bail application preferred by the lady
petitioners under Section 439 of the Code of Criminal Procedure, 1973
deserves to be granted.
7. Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and the petitioners are ordered to be released on bail in connection
with Prohibition CR No.5165 of 2009 registered at Lodhika Police
Station, Rajkot (Rural) for the offence alleged against them in this
application on their executing bond of Rs.5,000/- each (Rupees five
thousand only) with one solvent surety of the like amount to the
satisfaction of the lower Court and subject to the conditions that
they shall,
(a) not
take undue advantage of their liberty or abuse their liberty.
(b) not
try to tamper or pressurize the prosecution witnesses or complainant
in any manner.
(c) maintain
law and order and should co-operate the investigating officers;
(d) not
act in any manner injurious to the interest of the prosecution.
(e) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Trial Court;
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change the residence without prior permission of the Court.
(g) surrender
their passports, if any, to the lower Court, within a week.
8. If
breach of any of the above conditions is committed, the concerned
Trial Court will be free to issue warrant or take appropriate action
in the matter.
9. 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.
10. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[J.C.UPADHYAYA,
J.]
mrpandya
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