1. Rule.
Learned APP waives service of rule on behalf of the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with Prohi. CR No.5086 of 2011 with Sayla Police Station, District:Surendranagar for the offences punishable under Sections-66-B, 65-AE and 116-B of the Bombay Prohibition Act.
3. It is submitted that the applicant is alleged to have been involved in the offences punishable under Sections-66-B, 65-AE and 116-B of the Bombay Prohibition Act, 1949 and arrested after 8(eight) months. Considering the nature of the offences, punishment prescribed and Court in which the case is to be tried by imposing suitable conditions, the applicant may be enlarged on bail.
4. Heard learned APP for the respondent-State who opposed grant of bail looking to the nature and gravity of the offence.
5. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above facts, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am inclined to enlarge the applicant on bail.
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 Prohi.CR No.5086 of 2011 registered with Sayla Police Station, District:Surendranagar,for the offences punishable under Sections-66-B, 65-AE and 116-B of the Bombay Prohibition Act on executing a bond of Rs.5,000/- (Rupees Five 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 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) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) except for marking presence before concerned police station or attending the Criminal Case, the applicant shall not enter into the limits of Surendranagar District for a period of 3 (three) months.
(g) 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 Sessions 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.
[ANANT S. DAVE, J.] Chandrashekhar* Top