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CR.MA/1577/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1577 of
2010
=========================================================
SUKHO
@ SURESHBHAI JAGUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HARDIK A DAVE for
Applicant(s) : 1,
MR. U.A. TRIVEDI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail in connection with
F.I.R. Registered as C.R. No. III-565 of 2008 registered with
Sankheda Police Station for the offence punishable under Sections
66(1)(b), 65(A)(E) and 116 of Prohibition Act.
2. Considering
the rival submissions canvassed by the learned counsel for both the
sides and on perusal of the role attributed to the applicant which is
reflected in the F.I.R. at Annexure-A to the application, provisions
of Sections 66(1)(b), 65(A)(E) and 116 of Prohibition Act, quantum of
punishment etc. and since the co-accused has already been enlarged on
bail by order dated 24.12.2009 passed by this Court in Criminal Misc.
Application No. 14226 of 2009, I am of the view that the applicant
also deserves to be enlarged on bail, without discussing the evidence
in detail.
3. 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 C.R. No. III-565 of 2008 registered at Sankheda 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 the concerned 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.
4. 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.
5. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
6. 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.
7. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,J.)
Shekhar
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