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CR.MA/14080/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14080 of 2011
=========================================================
VIRALBHAI
HASMUKHBHAI PARIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRHBCHAMPAVAT
for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 07/10/2011
ORAL
ORDER
1. Rule.
Ms. C. M. Shah, learned APP waives service of Rule on behalf
of respondent.
2. This
application has been preferred under Section 439 of the Code of
Criminal Procedure, in connection with the offence being
CR No.III-5133 of 2011 registered with Modasa Rural Police
Station, Sabarkantha for the offences u/s. 66(B), 65(A) (E), 116(B),
81, 83, 98 99 and 116(b) of the Bombay Prohibition Act.
3. Learned
advocate for the applicant has contended that from the possession of
the applicant, nothing is recovered and the applicant was wrongly
booked by the police in the offence alleged against him. The offence
is registered against the applicant under the provision of
Prohibition Act.
4. Learned
APP has vehemently opposed this application. However, learned
counsel do not press for reasoned order.
5. Heard
learned Counsel for both the sides. Looking to the offence under the
prohibition act and looking to the facts and circumstances of the
case, statement of the witnesses and the that 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.III-5133 of 2011
registered with Modasa Rural Police Station, Sabarkantha 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 Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) mark
presence on 15th day of every English calender month
between 11:00 a.m. to 12:00 p.m. before the concerned police station
till the trial against the applicant is over.
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
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.)
sas
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