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CR.MA/10340/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10340 of 2010
======================================
IMRAN
ABBAS MULTANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
SHASHIKANT S GADE for Applicant(s) : 1,
MR MENGDEY APP for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 28/09/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused for
regular bail under Section 439 of Criminal Procedure Code, 1973.
The
applicant-accused is charged with having committed offences
under sections 66(1)(B), 65AE and 116(KH) of Bombay Prohibition Act,
for which, FIR has been lodged being III-C.R.No.537/2010 Pardi
Police Station, Dist.Valsad.
Learned
advocate Mr.Gade for the applicant submitted that considering the
nature of offence and the role attributed to the applicant, present
application may be allowed.
Learned
A.P.P., Mr.Mengdey resisted the present application and submitted
that there are other two offences registered against the applicant.
He submitted that the applicant has been indulged in transport of
foreign liquor in a large quantity and as there are other
antecedents, present application may not be entertained in favour of
applicant.
Having
heard learned advocate Mr.Gade for the applicant and learned APP
Mr.Mengdey for respondent State and having considered the nature of
offences alleged as well as antecedents, the Court is of the opinion
that the present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with III-C.R.No.537/2010
Pardi Police Station, Dist.Valsad on his executing a bond of
Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the
like amount to the satisfaction of the lower Court and subject to
the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e)
mark his presence before concerned Police Station on 1st
Monday of every month of English calender between 11.00 AM and 2.00
PM; till trial commences;
(f)
shall not enter into Pardi Taluka, except for marking presence
and attending court proceedings, for one year;
(g)
furnish the address of his residence to the Investigating Officer
and also to the Court at the time of execution of the bond and shall
not change his residence without prior permission of the Court.
(h) surrender
his passport, if any, to the lower Court, within a week.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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