Gujarat High Court Case Information System
Print
CR.MA/14160/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14160 of 2011
======================================
SHAKIR
@ TEJA GULAM HUSSAIN SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
MR PRAJAPATI for Applicant(s) : 1,
MR KL PANDYA ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/10/2011
ORAL
ORDER
1. Rule.
Learned APP Mr. K.L. Pandya, waives service of Rule on behalf of the
respondent – State.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. III- 645 of 2011 registered at Baroda City Police Station, for
the offence punishable under Sections 66(1) (b), 65(a)(e) and 81 of
the Bombay Prohibition Act.
3. Learned
advocate for the applicant submitted that the applicant is an
innocent person and he has been wrongly arraigned in the offence.
There is no recovery from the applicant is made and the ingredients
of the alleged offence are not established against the applicant. He
also submitted that from the bare reading of the FIR, it appears that
there is no attributed to the applicant. Therefore, the applicant
may kindly be released on bail by imposing suitable conditions.
4. Learned
APP Mr. Pandya for the State submitted that considering the
seriousness of the offence, in which the applicant is involved, the
application of the applicant is required to be rejected. Therefore,
discretion may not be exercised in favour of the applicant.
5.
Having considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in the FIR, police papers,
provisions of Sections 66(1)(b), 65(a)(e) and 81 of the Bombay
Prohibition Act and quantum of punishment, I am of the view that the
applicant deserve to be enlarged on bail, as there is no recovery is
made from the applicant. This court is not entering into the detail
discussion of the evidence at this stage of bail.
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 CR No. III-645 of 2011 registered at Baroda City Police Station,
on his 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 the concerned police station on last day of every
English Calender month, at 11:00 a.m. 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. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
Top