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CR.MA/14354/2006 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14354 of 2006
=========================================================
RAMABHAI
BHIMABHAI BHARWAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ALPESH DODIA for MR ZUBIN F BHARDA for
Applicant(s) : 1,
MR UDAY BHATT A.P.P. for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE AKSHAY H.MEHTA
Date : 28/12/2006
ORAL
ORDER
1. Rule.
Mr. Bhatt learned A.P.P., waives service of rule on behalf of the
opponent State.
2. The
applicant has been in custody since 7th June, 2006 in
connection with the offence registered at C.R. No. III-1217 of 2006
with Navsari Prohibition Police Station, Navsari. It is alleged that
he was found travelling in truck carrying illicit liquor worth
Rs.4,03,320/-. He is, therefore, accused of committing offences which
are made punishable under Sections 66 (1) B, 65 (A)(E), 116 (1)B and
81 of the Bombay Prohibition Act.
3. I
have heard Mr. Alpesh Dodia learned advocate for the applicant and
Mr. Bhatt learned A.P.P., for the opponent State. I have also perused
the record of the Investigation since the Investigating Officer has
remained present with it. It appears that the present applicant
worked as a cleaner and on earlier occasions he was twice booked for
such similar offence. However, considering the fact that he is a
youth aged about 24 years and working as merely cleaner, there is no
need to detain him any further in the custody, especially when the
investigation is over and the charge sheet is submitted. It is
stated by the learned advocate for the applicant that the applicant
is a resident of Surendranagar. Hence to prevent him from repeating
the offence, appropriate conditions can be imposed. For the present
the following order.
4. 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 Crime Register No. III-1217 of 2006 registered at Navsari Prohibition Police Station, Navsari for the offences alleged against him in this application on his executing bond of Rs.10,000=00 [Rupees Ten 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 his liberty or abuse his liberty;
b) not to 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 Sessions Judge.
f) mark presence before Surendranagar City Police Station twice in a week i.e., on every Monday and Thursday, any time between 11:00 a.m., and 5:00 p.m., till the commencement of the trial;
g) 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;
h) surrender his Passport, if any, to the lower court within a week;
i) shall not leave Surendranagar except obtaining prior permission of the Investigating Officer. It is however, clarified that he shall be permitted to attend the Court proceedings at Navsari by the Investigating Officer upon the applicant intimating the date of hearing to the Investigating Officer a week in advance and if the Investigating Officer deems so fit, he may make inquiry regarding the hearing at Navsari.
4.1. Considering the fact that during this time of the year the selling activity of illicit liquor becomes rampant, the Jail authority is directed to release the applicant on bail on or before 3rd January, 2007.
5. If breach of any of the above conditions is committed, the concerned Sessions Judge 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. It would be open to the trial court concerned to give time to furnish the solvency certificate if prayed for.
7. Rule is made absolute. Direct service is permitted.
Writ of this order to be forwarded to Surendranagar City Police Station as well as Navsari Prohibition Police Station.
[Akshay H. Mehta, J.]
/phalguni/
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