Gujarat High Court Case Information System
Print
CR.MA/3891/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3891 of 2010
=========================================================
MANISHBHAI
MAGANBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HR PRAJAPATI for Applicant(s) : 1,
MR SEJPAL ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/04/2010
ORAL
ORDER
Rule.
Learned APP Mr.Sejpal waives service of Rule on behalf of the
respondent State. Having regard to the facts and circumstances of
the case, the application is taken up for hearing today.
Heard
learned advocate Mr.Prajapati appearing on behalf of applicant and
learned APP Mr. Sejpal appearing on behalf of the respondent
State at length and in great detail.
I
have considered the role attributed to the applicant as reflected in
FIR as well as in police papers and provisions of Sections 66(1)(b),
65(a)(e) and 81 of the Bombay Prohibition Act and quantum of
punishment. Considering the aforesaid aspect and as he is implicated
on the basis of statement of the co-accused, the applicant deserves
to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with Prohibition C.R.
No. I –
113
of 2009 registered with Dabhoda Police Station, on executing a bond
of Rs.10,000/- [Rupees ten thousand only] with one surety of the like
amount to the satisfaction of the trial court and subject to the
conditions that he shall:
[a] not
take undue advantage of her liberty or abuse his liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
his passport, if any, to the lower court within a week;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e] mark
his presence at the concerned Police Station on any day of first week
of every English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
(f) furnish
the present address of her residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
ynvyas
Top