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CR.MA/444/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 444 of 2011
=========================================
KANTIBHAI
VELABHAI PRAJAPATI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
VIRAT G POPAT for Applicant(s) : 1 - 2.
MR DC SEJPAL, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/01/2011
ORAL
ORDER
Counsel
for the applicants does not press this application qua applicant
No.1. Disposed of as not pressed. Rule is discharged qua applicant
No.1.
So
far as applicant No.2 is concerned, counsel submitted that there is
nothing on record to connect the accused with the alleged offence of
breach of prohibition law. He further pointed out that the land from
where illicit liquor is found does not belong to applicant No.2.
Considering
the above aspects of the matter, it is ordered that in the event of
arrest of the applicant no.2 in connection with C.R. Cr.No.5462 of
2010 registered with Tharad Police Station,District: Banaskantha, he
shall be released on bail upon his furnishing a bond of Rs.
20,000/-(Rupees Twenty Thousand) with one surety of like amount to
the satisfaction of the lower Court and subject to the following
conditions that he :
[A] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[B] shall
remain present at Tharad Police Station on 28.1.2011 between 11:00
am to 2:00 pm:
[C] shall not
hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them from disclosing such facts to the Court or to any
Police Officer;
[D] at the time
of execution of bond, furnish the address to the Investigating
Officer and the Court concerned and shall not change the residence
till the final disposal of the case or till further orders;
[E] will not
leave India without the permission of the Court and, if is holding a
Passport, shall surrender the same before the trial Court immediately
[F] It would be
open to the Investigating Officer to file an application for remand,
if he considers it just and proper and the concerned Magistrate would
decide it on merits.
[G] This order
will be operative if the applicant No.2 is arrested at any time
within a period of 90 days from today .
[H] Within a
period of ten days from the date of arrest, the applicant No.2 shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
Rule
made absolute qua applicant No.2. Application is disposed of
accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
sudhir
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