1.Rule. Mr.A.Y.Kogje learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.N.B.Tiwari for the applicants and Mr.A.Y.Kogje learned APP for the respondent - State.
3.It is contended that the applicants are arrested since 22th August,2004. That they belong to District Alvar of Rajasthan State and they have roots in the society. They are not likely to flee from justice and they are prepared to mark their presence frequently and looking to the nature of offence and the punishment prescribed, bail may be granted.
4.Application is opposed to by learned APP Mr.A.Y.Kogje.
5.Having regard to contentions raised before this Court, it has to be noted that although arrest prosecuted under Bombay Prohibition Act, the catch is of a huge quantity of liquor namely 299 boxes of country made foreign liquor containing bottles varying in number from 12 to 30 in each box. Each bottle containing 750 ml. of liquor has been ceased from the possession of the applicants. This Court is of the view that it is flagrant and deliberate violation of the law of the land. However, looking to the punishment prescribed and the time likely to be taken in conclusion of the trial, this Court is of the view that bail deserves to be granted. But to ensure availability of the applicants at the trial and to prevent the applicants from further indulgence in such offence, certain stringent conditions are required to be imposed.
6.The application is allowed and the applicants are ordered to be released on bail in connection with Prohibition C.R.No.5154 of 2004 of Amirgadh Police Station on their executing a personal bond of Rs.20,000/(Rupees Twenty thousand only) each with two solvent sureties each for each of them on following conditions :
(a) not take undue advantage of their liberty or abuse their liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark their presence before concerned Police Station on 1st and 15th of every English calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without the prior permission of the Sessions Judge concerned;
(f) furnish the address of their residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
(g) surrender their passports, if any, to the lower court within a week.
7.It is true that the applicants have residence and roots in the society in Alvar District of Rajasthan State but, their involvement in the presence offence requires their presence in the State at the trial and the conditions are imposed considering this aspect in mind.
8.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.
9.Bail before the lower Court having jurisdiction to try the case.
10.Rule is made absolute. Direct service is permitted.
[ A.L. DAVE, J. ] (vipul)