Rule. Mr.A.Y.Kogje, learned Addl. Public Prosecutor for the State waives the service.
2.Following aspect is considered :
(i)Charge-sheet is laid and the offences alleged to have been committed by the applicants are punishable under the Bombay Prohibition Act. Under these circumstances, bail cannot be denied, however, looking to the quantity involved and other relevant aspects certain conditions are required to be imposed.
3.The application is allowed and the applicants are ordered to be released on bail in connection with Prohi.C.R.No.52 of 2004 of Lathi Police Station at Lathi, on their executing a bond of Rs.10000/- (Rupees ten thousand only) each with one surety each of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall,
(a) not take undue advantage of their liberty or abuse they liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark their presence before the concerned Police Station on 1st and 15th of every 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 passport, if any, to the lower court within a week.
4.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.
5.Bail before the lower Court having jurisdiction to try the case.
6.Rule is made absolute.
7.Direct service is permitted.