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CR.MA/11248/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11248 of 2010
======================================
KANIAYALAL
GANDABHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR GONDALIYA FOR MR BHAVIN S
RAIYANI for Applicant(s) : 1,
MS MANISHA L. SHAH APP for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 29/09/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused for
grant of regular bail under Section 439 of Criminal Procedure Code,
1973.
The
applicant-accused is charged with having committed offences
under sections 66(1)(B), 65(A)(E) and 116 of Bombay Prohibition Act,
for which, FIR has been lodged being Prohibition C.R.No.314/2010 at
Jafarabad Police Station.
Learned
advocate Mr.Pravin Gondaliya for Mr.B.S.Raiyani, learned advocate
for the applicant, referred to the papers and submitted that the
considering the nature of offence and the role attributed to the
applicant, present application may be allowed.
Learned
A.P.P., Ms.Shah resisted the present application.
Having
heard Mr.Gondaliya learned advocate for the applicant and Ms.Shah,
learned APP and having considered the nature of offences, manner in
which it is alleged to have been committed, role attributed as well
as the fact that custodial interrogation is over and recovery has
been made, present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with Prohibition
C.R.No.314/2010 at Jafarabad Police Station on his executing a bond
of Rs.5,000/- (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 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 to 2:00 PM; till
the trial commences;
(f) 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.
(g) 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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