Rule.
Ms.C.M.Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
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- 5230 of 2011 registered with Shamlaji Police Station for the offence under Sections 66(1)B, 65AE, 116-B and 81 of the Bombay Prohibition Act.
It is submitted that by learned advocate for the applicant that offence is triable by the Court of learned Judicial Magistrate First Class and the applicant is in jail since 19th March, 2012. He, therefore, prayed that the applicant may be enlarged on bail.
This Court has gone through the complaint. Considering the facts of the case and considering the sentence of the alleged offence and the fact that offence is triable by JMFC Court, without entering into the merits of the case, prima facie, this Court is of the opinion that this application deserves to be allowed.
Hence the application is allowed. The applicant is ordered to be released on bail in connection with C.R. No.III- 5230 of 2011 registered with Shamlaji Police Station for the offence alleged against him, on the applicant 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:-
a) he shall not take undue advantage of liberty or abuse liberty;
b) he shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) he shall maintain law and order and should cooperate the Investigating Officer;
d) he shall not act in a manner injurious to the interest of the prosecution;
e) he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) he shall furnish the address of his residence along with the proof 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 this Court;
g) he shall surrender passport, if any, to the lower Court within a week.
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.
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.
(M.D.
Shah, J) Anup Top