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CR.MA/5819/2011 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5819 of
2011
=========================================================
MANHARBHAI
LAKSHMANBHAI BARIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM DAVE for
Applicant(s) : 1,
MR DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/05/2011
ORAL
ORDER
1. Heard
Mr. Dave, 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 Godhara
Taluka Police Station bearing
Prohibition CR No.-59
of 2011 for
the offence punishable under Sections 66(B), 65(A)(E), 116-B, 81 of
the Bombay Prohibition Act.
3. Mr.
Dave, leaned advocate for the applicant has submitted that the name
of the applicant is not mentioned in the FIR as an accused person. He
further submitted that the applicant was not present at the time of
the incident. Therefore, he has requested to release the present
applicant on regular 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 as well as the documents and
other material produced on record of this 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 prima facie there is no direct evidence to connect the
applicant with the alleged crime and he has been arrested after one
month, I am of the view that the applicant deserve 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.59 of 2011 registered
with Godhara
Tuluka 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 one solvent surety 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 Godhara
Tuluka Police Station,
initially
on 12th
May, 2011 and
thereafter on every first and fifteenth day of every
month, between
11.00 a.m. to
3.00 p.m.
(h)
not enter the revenue limit of Ghoghamba Taluka till the trial is
over and for 6 months shall not enter revenue limits of Panchmahal
District 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 Panchmanal 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.)
Suresh*
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