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CR.MA/12905/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12905 of 2010
=========================================================
RAFIK
ALIAS DATANI MAMADBHAI JAMBUDIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MR LB DABHI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 25/10/2010
ORAL
ORDER
1. Rule.
Mr. LB Dabhi, Ld. Addl. Public Prosecutor appears and waives the
service of Rule on behalf of opponent – State.
2. The petitioner preferred this application under Section 439 of the Code of Criminal Procedure for obtaining regular bail in connection with C.R. No. II-3109/2010 registered with Gondal Taluka Police Station, regarding offences punishable under section 27 of the Narcotic Drugs and Psychotropic Substances Act [for short ‘the Act’].
3. Considering the facts and circumstances of the case, the matter is taken up for final hearing today.
4. Mr. SA Qureshi, Ld. Advocate for the petitioner submitted that as per the prosecution case, 239 grams of Ganja came to be seized from the petitioner and as per the prosecution case, small quantity was kept by the petitioner for his personal consumption and, therefore, offence came to be registered under section 27 of the Act and as per sentence provided in section 27 of the Act, maximum imprisonment is to the extent of one year or fine or both. It is submitted that, therefore, the riders laid down under section 37 of the Act shall not come in way of the petitioner to request for regular bail. It is further submitted that considering the order of the Sessions Court rejecting regular bail application of the petitioner, concerned Ld. Sessions Judge has also observed that the case is triable by the Ld. Judicial Magistrate First Class. Therefore, it is submitted that the application may be allowed.
5. Per contra, Mr. LB Dabhi, Ld. APP for the opponent – State opposed this application and submitted that considering the reasons assigned by the Sessions Court while rejecting the bail application of the petitioner, the petitioner is not entitled to claim for regular bail and, therefore, the application may be dismissed.
6. Having considered the submissions advanced on behalf of both the sides, so also the contents of the FIR and the fact that the charge levelled against the petitioner is regarding the offence punishable under sec. 27 of the Act and the extent of punishment prescribed under sec. 27 of the Act and the small quantity of 239 grams of Ganja, which was meant for personal consumption of the petitioner, this Court is of the opinion that the present bail application deserves to be granted.
7. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. II-3109/2010 registered with Gondal Taluka Police Station, for the offences alleged against him in this application on his executing bond of Rs.10,000/= (Rupees Ten Thousand only) with one 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 his liberty or abuse his liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should co-operate the investigating officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the local limits of State of Gujarat without the prior permission of the concerned trial Judge.
f) furnish the 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;
g) surrender his Passport, if any, to the lower court within a week.
8. If breach of any of the above conditions is committed, the concerned trial Judge will be free to issue warrant or take appropriate action in the matter.
9. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute. Direct service is permitted.
[ J.C. UPADHYAYA, J. ]
* Pansala.
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