RULE.
Learned APP Ms. Krina Calla waives service of notice of Rule for the respondent - State.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with the First Information Report registered as Prohibition C.R. No.20/2012, with Kapadwanj Rural Police Station, Kheda-Nadiad for the offences punishable under Sections-66(1)(b), 65(a)(e), 67(A) and 116(B) of the Bombay Prohibition Act.
Learned Counsel appearing for the applicants submits that considering the nature of offences, allegations levelled, sentences for the alleged offences and that it is a magistrate triable case, the applicants may be enlarged on bail.
Heard learned Counsels for the parties and perused the record.
Considering the facts and circumstances of the case, the nature of allegations, role attributed to the accused and the punishment prescribed for the alleged offences and the Court in which it is triable, I am inclined to enlarge the applicants on bail, by imposing suitable conditions.
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 Prohibition C.R. No.20/2012, with Kapadwanj Rural Police Station, Kheda-Nadiad, 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 their passports, 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., till the trial commences;
(f) furnish the present address of their residence to the I.O. and also to the Court, at the time of execution of the bond, and shall not change the same 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.
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.
Sd/-
(M.D.
Shah, J.) Caroline Top