~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.25/2014 of the Bandadka Excise Range registered for the offence punishable under Section 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 17.08.2014 at 7 a.m. she was found in possession of 20 litres of wash.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has opposed the petition on the ground that another case of similar nature was registered against the petitioner.
6. The petitioner is a lady. It is true that there is another case against her. At the same time, the contraband involved in this case is 20 litres of wash only. She has been undergoing detention for the period from 20.09.2014. It seems that she had willingly surrendered before the court below. Having regard to the period undergone by the petitioner in custody and the small quantity of contraband involved in this case and the further fact that the petitioner is a lady, I am of the view that the petitioner can be enlarged on bail.
7. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on her executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 27.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make herself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/20/10 // True Copy // PA to Judge