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CR.MA/5557/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5557 of 2010
=========================================================
MANSURI
SHARAFATBHAI YUSUFBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SALIM M SAIYED for
Applicant(s) : 1,
Mr Maulik Nanavati, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 28/05/2010
ORAL
ORDER
1. Rule.
learned APP waives
service of notice of Rule on behalf of the respondent-State.
2. The
petitioner, who has been arrested in connection with 3rd
CR No. 5119/2010 of Talod police station for the offences punishable
under sections 66(1)b, 65(a) (e) of Bombay Prohibition Act and
section 116 of Bombay Police Act, has preferred this application
seeking his release on bail.
3. The
allegation against the petitioner is that the original complainant
Manubhai Ramabhai, Head Constable lodged a complaint daed 6.5.2010
before Talod police station mainly alleging that on the basis of
Secret Information raided a hut near Harsol bus stand along with
Panchas and found foreign made liquor in a bag etc amounting to
Rs.16,800/- which was in the possession of Somaji Bhalaji Pagi and
thereby the present FIR came to be lodged.
4. In
the facts and circumstances of the case, this application deserves to
be allowed. Accordingly, this application is allowed. The applicant
is ordered to be released on bail in connection with 3rd
CR No. 5119/2010 registered with Talod police station for the
offences alleged against him in this petition on his executing a
personal bond of Rs. 10,000/- (Rs. Ten thousand only) with one surety
of the like amount to the satisfaction of the lower court and subject
to the following conditions that he shall:
(a) Not
take undue advantage if his/her their liberty or misuse his liberty;
(b) not
to act in a manner injurious to the interest of the prosecution.
[c] maintain
law and order
(d) mark
his presence before Talod police station fortnightly between 9 am
and 2 p.m.
(e) to
leave State of Gujarat without prior permission of the
court/Sessions Judge concerned;
(f)
surrender his passport, if any, to the lower court within a week;
(g)
Furnish the address of his residence to the IO 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;
(h)
Not to leave India without prior permission of the court;
5. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
.
6. Bail
before the lower court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
msp
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