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CR.MA/5561/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5561 of 2010
=========================================================
VIKARAMSINH
DIWANSINH RAJPUT & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JAGDHISH SATAPARA for
Applicant(s) : 1 - 2.
Mr.Maulik
Nanavati, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 28/05/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicants, who have been arrested
in connection with CR No. I – 89 of 2010 registered with Unjha
Police Station, for the offences punishable under Sections 66(1)(b),
65(a)(e), 81, 67(c) of the Bombay Prohibition Act and Sections 465,
467, 468 and 471 of the Indian Penal Code.
I
have heard the learned advocate for the applicants and learned APP
for the respondent State at length and in great detail.
It
is submitted by learned advocate for the applicants that if
applicants are released on bail on furnishing surety, he will
furnish surety of persons from the State of Gujarat.
Considering
the role attributed to the applicants as can be seen from the FIR,
police papers, provisions of Sections 66(1)(b), 65(a)(e), 81, 67(c)
of the Bombay Prohibition Act and Sections 465, 467, 468 and 471 of
the Indian Penal Code, quantum of the punishment and gravity of the
offence, I am of the view that the applicants deserve to be
enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicants
are ordered to be enlarged on bail in connection with C.R. No. I –
89 of 2010 registered with Unjha Police Station on executing a bond
of Rs.10,000/- [Rupees ten thousand only] each with one surety each
of the like amount of the persons of State of Gujarat to the
satisfaction of the trial court and subject to the conditions that
they shall:
[a]
not take undue advantage of liberty or abuse liberty;
[b]
not act in a manner injurious to the interest of the prosecution;
[c]
surrender 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 presence at the concerned Police Station
on any day of first week of every English calendar month between 9.00
AM and 2.00 PM. till the trial is over;
(f)
furnish the present address of residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change
residence without prior permission of this Court;
[g]
maintain law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
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 applicants on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(M.D.SHAH,J.)
radhan
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