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CR.MA/2610/2011 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2610 of 2011
=========================================================
KAILASHBHAI
GOVINDRAM RATHI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
Mr.
Saurabh Mehta for MS
ANUJA S NANAVATI for
Applicant
Mr.
A.J. Desai, APP,
for respondent
No.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/03/2011
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the Code
of Criminal Procedure for regular bail in connection with first
information report registered at C.R.No.I-5223 of 2006 with Odhav
police station for the offences punishable under Sections 66(a)(e),
66(1)(b), 116(b), and 81 of the Bombay Prohibition Act.
Heard
learned counsel for the parties and perused the record.
Considering
the nature of offences and the punishment prescribed under the Code
and the Court in which it is triable, without discussing the evidence
in detail, prima facie, this Court is of the opinion that this is a
fit case to exercise the discretion to enlarge the applicant on bail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with FIR C.R.No.I-5223 of 2006 registered with Odhav police station
on his executing a bond of Rs.5,000/- (Rupees five thousand only)
with one surety of the like amount to the satisfaction of the trial
court and subject to the conditions that he shall
(i)
not take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. and 3 p.m till commencement of trial.
furnish
the present addresses of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
shall
not enter the State of Gujarat for six months, except for marking
presence and attending the trial;
The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to try
the case.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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