1. Rule.
Learned APP Mr. Patel waives service of notice of Rule on behalf of the respondent.
2. With the consent of learned advocates parties, this application is taken up for final hearing.
3. By way of present application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.III - 14 of 2012 registered with Lathi Police Station, Dist: Amreli for the offence under sections 66(B), 65AE, 81, 83 and 116(B) of the Bombay Prohibition Act.
4. It is stated by learned advocate Ms. Pandey that co-accused has been released on bail by this Court by order dated 1.5.2012 in Criminal Misc. Application No.5617 of 2012 and hence, on the ground of parity, present applicant should be released on regular bail.
5. Learned APP Mr. Patel could not dispute the fact that the role played by the applicant is similar to the other co-accused, who has been released on bail.
6. Having regard to the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
7. Hence, the application is allowed. Applicant Premsing Babusing Naruka (Rajput) is ordered to be released on regular bail in connection with C.R.No.III - 14 of 2012 registered with Lathi Police Station, Dist: Amreli for the offence alleged against him on executing personal bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and shall cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave India without prior permission of the Court concerned;
f) furnish the address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Court concerned;
g) surrender passport, if any, to the lower Court within a week.
8. If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
9. Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(BANKIM.N.MEHTA, J.) shekhar* Top