Rule.
Mr.Maulik Nanavati, learned APP waives service of Rule for respondent- State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Shamlaji police station CR No.III-5100 of 2012 for the offences punishable under Sections 66(1)(B), 65(A)(E), 116(B), 81 and 83 of the Bombay Prohibition Act.
Mr.
Chauhan, learned advocate for the applicants submitted that in the instant matter, out of three accused persons one has already been released on bail by the Trial Court. It is submitted that considering the role attributed to the applicants in the FIR, so also considering the nature of offence alleged against the applicants as well as the punishment prescribed for the said offence, the application may be allowed.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicants by the prosecution, the fact that one of the accused has already been released on bail by the trial Court, the nature of accusation against both the applicants and considering the punishment prescribed for the offence, the application deserves to be granted.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with Shamlaji police station, District: Sabarkantha CR No.III-5100 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 India 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) 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;
The Authorities will release the applicants only if not required in connection with any other offence for the time being.
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.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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.
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 applicants on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) GIRISH Top