Gujarat High Court Case Information System
Print
CR.MA/7924/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7924 of 2011
=========================================================
PAVANKUMAR
SHRIKISHANLAL BRAHMAN & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MOHDSHAFI SHAIKH for
Applicant(s) : 1 - 2.MR S M SHAIKH for Applicant(s) : 1 - 2.
MR.
DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 17/06/2011
ORAL
ORDER
Rule.
Mr Dabhi, learned APP waives service of notice of Rule on behalf of
the State.
The
applicants prays for regular bail in connection with the offences
registered as Prohibition C.R.No.5161/2011 with Amirgadh Police
Station for the offences punishable under sections 66(B), 65(A)(E),
81, 116(B), 98 and 99 of Bombay Prohibition Act.
I
have heard learned advocate Mr. M.M. Shaikh for the applicants and Mr
Dabhi, learned Additional Public Prosecutor for the respondent –
State.
In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the accused – applicants taking into
consideration the following aspects:-
All
offences are Magistrate Triable offences.
Accused
applicant no.1 is the driver and accused applicant no.2 is the
cleaner.
No
criminal history or any past antecedents.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicants on bail in connection with
Prohibition C.R.No.5161 of 2011 registered with Amirgadh Police
Station for the offences punishable under sections 66(B), 65(A)(E),
81, 116(B), 98 and 99 of Bombay Prohibition Act, on furnishing bond
of Rs.15,000/- (Rupees Fifteen thousand only) each with one surety of
the like amount to the satisfaction of the lower Court and on
conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
day of English Calender month between 11.00 a.m. and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passports, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
In the peculiar
facts and circumstances of the case, more particularly taking into
consideration the fact that both the accused are from Hariyana and
they have been restrained by the order of this Court from leaving the
State of Gujarat till the completion of the Trial. The Trial Court
is hereby directed to see that no sooner charge-sheet is filed in
connection with the Prohibition C.R. No.5161 of 2011. Plea of the
accused applicants is recorded and complete the Trial within a period
of three months without fail.
Rule
is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
Vahid
Top