1. Rule.
Mr. J.K.Shah, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed by applicant - lady accused under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Pipavav Marine Police station, Amreli, Prohibition CR No. 64/2012 regarding offences punishable under sections 66(b), 65(a)(e), 81 and 116(b) of the Gujarat Prohibition Act.
3. Mr.
K.M.Sojitra, learned counsel for the applicant, at the outset submitted that the applicant is a lady accused and the offences against her is triable by the Court of Learned Judicial Magistrate, First class and specially considering the role attributed to the applicant and the punishment prescribed for the said offences, the application may be allowed. It is further submitted that in the order passed by the Sessions Court, the Sessions Court has observed that 16 cases are pending against the applicant of the similar nature, but it is submitted that out of the said cases, in none of the cases, the applicant is convicted. It is, therefore, submitted that the application may be allowed.
4. Mr.
J.K.Shah, learned APP for the respondent-State has vehemently opposed this application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant in the incident and considering the fact that the offences alleged against the applicant are triable by the Court of Learned Judicial Magistrate, First class and the punishment prescribed for the offences, this court is of the opinion that the application deserves to be allowed. However, the Sessions Court has observed that 16 other cases are pending against the lady accused, but it is submitted that in none of the cases till date, the accused has been convicted. However, this Court is of the opinion that by imposing necessary conditions, the application deserves to be allowed.
6. Learned counsel for the parties do not press for further reasoned order.
7. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered Prohibition CR No.-64 of 2012 with Pipavav Marine 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 she shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
12. 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.
13. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.Upadhyaya, J.) cmj/ Top