Gujarat High Court Case Information System
Print
CR.MA/3334/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3334 of 2011
=========================================================
NAGDANBHAI
PRABHUDANBHAI GADHAVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 16/03/2011
ORAL
ORDER
RULE.
Learned APP Mr.Pandya waives service of rule on behalf of the
respondent – State.
The
accused applicant prays for release on regular bail in connection
with CR.No.5094/2009 registered with the Jetpur Taluka Police Station
for the offences punishable under Sections 66(B), 65(A)(E) and 116(B)
of the Bombay Prohibition Act.
Heard
learned advocate Mr.C.B.Raval and learned APP Mr.K.L.Pandya for the
State.
It
is submitted by Mr.Raval that the investigation is over and
charge-sheet has been filed and the offences are magistrate triable
offences under the Bombay Prohibition Act.
Per
contra, the application has been vehemently opposed by the learned
APP Mr.Pandya on the premise that the applicant-accused appears to be
a habitual offender as many cases have been registered against him
under the Bombay Prohibition Act. He has further submitted that the
offence in question was registered way back in the year 2009 and the
applicant-accused has been arrested just recently and this is
suggestive of the fact that he was absconding.
Having
regard to the rival contentions of the respective counsel, I am
persuaded to exercise discretion in favour of the applicant accused
taking into consideration the following aspects :-
the
offences with which the applicant-accused has been charged are under
the Bombay Prohibition Act and the same are magistrate triable
offences; and
the
investigation is over and charge-sheet is filed.
In
this view of the matter, the applicant accused is ordered to be
released on bail in connection with the offences registered with
Jetpur Taluka Police Station being CR.No.5094/2009 on his executing
bond in the sum of Rs.25,000=00 (Rupees Twenty Five Thousand Only)
with one solvent surety of the like amount to the satisfaction of the
lower Court and subject to the conditions that he shall,
(a)
not take undue advantage of or misuse liberty;
(b)
maintain law and order and should co-operate with the investigating
officer;
(c)
not act in a manner injurious to the interest of the prosecution;
(d)
surrender his passport, if any, to the lower court within a week;
(e)
not leave the revenue limits of the city of Vadodara without the
prior permission of the Sessions Judge, Vadodara;
(f)
shall mark his presence twice in a month on every 2nd and
4th Sunday at Sayajiganj Police Station, Vadodara;
(g)
furnish the address of his residence at the time of execution of the
bond and shall not change the residence without prior permission of
this Court.
The
authorities will release the applicant only if he is not required in
any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
Rule
made absolute. Direct service is permitted.
(J.B.Pardiwala,
J.)
/moin
Top