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CR.MA/4760/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4760 of 2010
=========================================================
RANA
(DARBAR) ASHOKSINH HEMUJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JIGAR G GADHAVI for
Applicant(s) : 1,
MR DIVYESH SEJPAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/05/2010
ORAL
ORDER
1. This
application is preferred under Section 439 of the Code of Criminal
Procedure, 1973 seeking regular bail by the applicant, who came to be
arrested in connection with FIR registered as Prohibition C.R. No. 10
of 2009 with Bahucharaji Police Station for the offence punishable
under Sections 66.B, 65.AE and 116.B of the Bombay Prohibition Act.
2. Heard
Mr. Jigar Gadhvi, learned advocate for the applicant and Mr. Divyesh
Sejlapl, learned APP at length and in great detail.
3. Having
heard the learned counsel for both the sides, it appears that the
applicant is not the main culprit and the main culprit from whose
possession the liquor was seized at the time of the raid has already
been released on bail by order dated 18.02.2009 passed by a
co-ordinate bench of this Court in Criminal Misc. Application No.
1930 of 2009. Considering the aforesaid aspect, and provisions of
Sections 66.B, 65.AE and 116.B of the Bombay Prohibition Act and the
quantum of punishment, I am of the view that the applicant is
required to be enlarged on regular bail at this stage, without
entering into the merits of the case and without discussing the
evidence in detail.
5. The
parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with Prohibition C.R. No. 10 of 2009 with Bahucharaji Police Station
on executing a bond of Rs.10,000/- [Rupees ten thousand only] with
one surety of the like amount to the satisfaction of the trial court
and subject to the conditions that he shall:
[a] not
take undue advantage of his liberty or abuse his liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
his passport, if any, to the lower court within a week;
[d]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e]. mark
his presence at Bahucharaji Police Station on any day of every first
week of English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. 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 his
residence without prior permission of this Court;
[g]. maintain
law and order.
7. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent.
11. Direct
Service is permitted.
mathew [H.B.ANTANI,
J.]
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