Rule.
Ms. M.L. Shah, learned APP waives service on behalf of opponent State.
Having regard to the facts and circumstances of the case, the application is taken up for hearing today.
This is an application under Sec.439 of the Code of Criminal Procedure, 1973, by the applicant who came to be arrested in connection with CR No. III 446/09 registered with Palsana police station, District-Surat for the offence punishable under sections 66[1][b], 65[a][e], 116[2] and 81 of Bombay Prohibition Act.
I have heard the learned advocates of both the sides at length and in great detail. Considering the submissions of both the sides and on perusal of averments made in the application, role played by the applicant which is reflected in the FIR at Annexure:A to the application, provisions of 66[1][b], 65[a][e], 116[2] and 81 of Bombay Prohibition Act, quantum of punishment, past antecedents etc. I am of the view that the applicant deserves to be enlarged on bail.
For the foregoing reasons, the application is allowed and the applicant is ordered to be enlarged on bail in connection with CR No.III 446/2009 registered at Palsana Police Station on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one 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 act in a manner injurious to the interest of the prosecution;
[c] surrender his 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 his 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 his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his 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 applicant on bail.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(H.B.ANTANI, J.) pirzada/-
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