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CR.MA/12720/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12720 of 2011
=========================================================
TAPUBHA
@ BHANUBHA VIKRAMSINH SODHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BY MANKAD for
Applicant(s) : 1,
MR MAULIK NANAVATI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/09/2011
ORAL ORDER
1. Rule.
Mr. Maulik Nanavati, learned APP waives service of Rule on behalf of
the respondent.
2. This
Application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 in connection with the offence being CR
No.I-102 of 2011 registered with Nakhatrana, Kutchchh Police Station
for the offences u/s. 66(1)(B) and 65AE of the Prohibition Act.
3. Heard
Mr.B.Y.Mankad, learned counsel for the applicant. Mr.Mankad has
contended that from the papers there is no role established of the
present applicant.
4. Heard
Mr. Maulik Nanavati, learned APP for the respondent State.
Mr.Nanavati has vehemently opposed the present application.
5. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence and quantum of punishment and the fact there is no
definite allegation made against the applicant, I am inclined to
grant bail to the applicant.
6. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-102 of 2011 registered
with Nakhatrana, Kutchchh Police Station for the offence alleged
against him in this Application on his executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) shall
mark presence before the concerned Police Station on last day of
every month between 9:00 a.m. to 2:00 p.m.
f) not
leave the country without the prior permission of the concerned
Sessions Judge;
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.
7. If
the 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.
8. 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.
9. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.)
kks
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