The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail before the charge- sheet is filed.
The applicant accused is charged with having committed offences under Sections 66(1)B), 65(A)(E), 166(1)(B) of the Bombay Prohibition Act for which, Prohibition Offence being No. 27 of 2009 has been lodged at Detroj Police Station.
Learned counsel Ms. G.B.Jadeja for the applicant submitted that considering the nature of offence and the fact that the applicant is alleged to have been found with illicit liquor, the present application may be allowed.
Learned A.P.P. Ms. Mini Nair resisted the present application.
Having heard learned counsel Ms. Jadeja for the applicant-accused and learned A.P.P., Ms.Nair for the respondent-State and considering the nature of offence, manner in which it is alleged to have been occurred, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with Prohibition C.R.No. 27 of 2009 registered with Detroj Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial is commenced.
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.
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.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) ***vcdarji Top