Gujarat High Court Case Information System
Print
CR.MA/8178/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8178 of
2011
=========================================================
JOITABHAI
@ JOITARAM KHETABHAI RABARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PR NANAVATI for
Applicant(s) : 1,MR BS KHATANA for Applicant(s) : 1,
MR DABHI
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 20/06/2011
ORAL
ORDER
1. Heard
Mr.Nanavati, learned advocate for the applicant and Mr.Dabhi, learned
APP for the respondent-State.
2. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Borsad Police
Station bearing
Prohibition CR
No.5155 of 2010 for
the offence punishable under Sections 66(1), 65(A), 81, 83 and
116(B) of the Bombay Prohibition Act.
3. Mr.Nanavati,
leaned advocate for the applicant has submitted that when the bail
application was preferred, charge sheet was not filed and the
applicant was arrested in respect of another offence. However, now,
he has been released on bail in all cases registered against him
except the
present matter. He submitted that in other case, co-accused have also
been released on bail. Mr.Nanavati, learned advocate has further
submitted that he was arrested on 12th
March, 2011 and the only offence alleged against him under the
Prohibition Act and that is done only on the basis of statement of
driver/cleaner and not in view of any recovery. He submitted that as
the co-accused have also been released, present applicant may be
enlarged on bail.
4. The
application is opposed by Mr.Dabhi, learned APP, who has submitted
that the applicant committed the alleged offence which is serious in
nature and that therefore the application deserves to be rejected.
5. Having
heard the learned counsel for both the sides and considering the
facts and circumstances of the case, the gravity of the offence, the
quantum of punishment, the allegations against the applicant, the
manner in which the applicant is allegedly involved in the case as
per the allegation of the prosecution, coupled with the fact that
co-accused have also been released on bail, I am of the view that the
applicant deserves to be released on regular bail, I am inclined to
allow this application and release the applicant.
6.
Hence,
this application is allowed. It is directed that the present
applicant
in connection with Prohibition
CR
No.5155 of 2010 registered
with Borsad
Police
Station,
be released on bail, in respect of the offences alleged against him
in this application, on his executing and furnishing a bond of
Rs.10,000/- (Rupees: Ten Thousand Only) with two solvent sureties of
like amount, by the concerned Police Officer, and on condition that
he shall:-
(a)
not take undue advantage of or abuse the liberty.
(b)
not act in manner injurious to the interest of the prosecution.
(c)
maintain law and order.
(d)
not leave the State of Gujarat without prior permission of the
Sessions Court concerned.
(e)
furnish the address of his residence at the time of execution of bond
and shall not change the residence without prior permission of the
Sessions Court/this Court.
(f)
surrender his passport, if any, to the lower court within 4 days from
the date of this order.
(g)
mark his presence at the Borsad
Police Station,
initially
on 23rd
June, 2011 and
thereafter on every first and fifteenth day of every month,
between
11.00 a.m. to
3.00 p.m., till
the trial is over.
(h)
not enter the revenue limit of District Anand and Taluka Danera till
the trial is over and for 6 months shall not enter revenue limits of
Taluka Danera without prior permission of the Sessions Court, but for
marking his presence and attending the Court in connection with this
case the applicant will be free to enter the limits for a period to
the extent necessary and will leave the limits of Anand District
immediately after the case is adjourned.
7. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
8. If
breach of any of the above conditions is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
9. Bail-bond
before the lower Court having jurisdiction to try the case.
10. At
the trial, the trial Court shall not be influenced by the
observations, which are purely prima facie, tentative and preliminary
nature and have been made only for the purpose of examining prayer
for bail pending the trial. The Court shall arrive at its own
conclusion independently on the basis of the evidence and other
aspects of the case.
11. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(K.M.
THAKER, J.)
Amit
Top