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CR.MA/3091/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3091 of 2011
=========================================================
PAMAN
@ PAVAN NANDLAL SEJUMAL SEJVANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
BANNA S DUTTA for
Applicant
Mr.
A.J. Desai, APP,
for respondent
No.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/03/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.Prohi.5048 of 2010 with DCB police station for the offences
punishable under Sections 66(1)B, 65AE, 81 and 116B of the Bombay
Prohibition Act.
Heard
learned counsel for the parties and perused the record and the charge
sheet.
Considering
the nature of offences and the punishment prescribed under the Code
and the Court in which it is triable, without discussing the evidence
in detail, prima facie, this Court is of the opinion that this is a
fit case to exercise the discretion to enlarge the applicant on bail.
Hence,
the application is allowed and the applicant is ordered to be
released on bail in connection with first information report
registered at C.R.No.Prohi.5048 of 2010 with DCB police station,
Ahmedabad, on his executing a bond of Rs.5,000/- (Rupees five
thousand only) with one surety of the like amount to the satisfaction
of the trial court and subject to the conditions that he shall
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. And 3 p.m for three months only;
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 the
residence without prior permission of this Court;
shall
not enter the limit of Ahmedabad City for a period of six months
except for marking presence and attending the trial;
The
Authorities will release the applicant only if he is not required in
connection with 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. 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. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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