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CR.MA/9462/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9462 of 2011
=========================================================
VIPUL
NATWARBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJAART - Respondent(s)
=========================================================
Appearance
:
MRHBCHAMPAVAT
for
Applicant
Ms.
Manisha L. Shah, APP, for respondent
No.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/07/2011
ORAL
ORDER
Rule.
The learned Additional Public Prosecutor for the State waives
the service of Rule for the respondent-State.
Heard
learned counsel for the parties.
This
application is filed by the applicant under Section 439 of the Code
of Criminal Procedure for regular bail in connection with first
information report registered at Prohibition C.R.No.51 of 2010 with
Dabhoda police station, Dist: Gandhinagar for the offences punishable
under Sections 66B, 65(A)(E), 116(B) and 81 of the Bombay Prohibition
Act.
Heard
learned counsel for the parties and perused the record.
Considering
the nature of offences and the punishment prescribed under the Code
and the Court in which it is triable, without discussing the evidence
in detail, prima facie, this Court is of the opinion that this is a
fit case to exercise the discretion to enlarge the applicant on bail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at Prohibition C.R.No.51 of
2010 with Dabhoda police station, Dist: Gandhinagar on his executing
a bond of Rs.5,000/- (Rupees five thousand only) with one surety of
the like amount to the satisfaction of the trial court and subject to
the conditions that he shall
i.
not take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. and 3 p.m for three months only.
furnish
the present addresses 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;
The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter. Bail bond to be executed before the lower court having
jurisdiction to try the case.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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