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CR.MA/3894/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3894 of 2010
=========================================================
MANISHBHAI
MAGANBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HR PRAJAPATI for
Applicant(s) : 1,
MR
DIVYESH SEJPAL APP
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with Prohibition C.R.No.152 of 2008 registered with Adalaj
Police Station for the offence punishable under Sections
66(1)(b),65(a)(e) and 81 of the Bombay Prohibition Act.
2. I have considered the
submissions canvassed by the learned counsel of both the sides, role
attributed to the applicant which is reflected in the F.I.R. at
Annexure A to the application and police papers. The applicant has
been arrested on the basis of the statement of the co-accused.
Considering the aforesaid aspect, I am of the view that the applicant
deserves to be enlarged on bail.
3. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with
Prohibition C.R.No.152 of 2008 registered with Adalaj 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 his 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 his 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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 petitioner on bail.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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