MR. U.A.Trivedi, learned Additional Public Prosecutor, waives service of rule on behalf respondent-state. Having regard to the facts and circumstances of the case, the application is taken up for hearing today.
This application is preferred under Section 439 of Criminal Procedure Code, 1973, seeking regular bail for the applicants who came to be arrested in connection with Prohibition-CR-No-5011/2010 registered with Anjar Police Station for the offence punishable under Sections 66B, 65AE and 81 of the Bombay Prohibition Act.
Mr.Shakeel A.Qureshi, learned advocate for the applicants submitted that the applicants have not committed any offence as alleged and they have been falsely involved in the commission of offence and even no prima-facie case is made out against the applicants. Learned advocate placed reliance on the FIR and submitted that considering the role attributed to the applicants, applicants deserve to be enlarged on bail.
U.A.Trivedi, learned Additional Public Prosecutor, representing the respondent-State, while opposing the bail application, submitted that applicants are involved in the offence punishable under Sections 66B, 65AE and 81 of the Bombay Prohibition Act. Considering the role played by the applicants and the manner in which the offence is committed by them, no discretionary relief may be granted and the application deserves to be dismissed.
I have considered the rival submissions canvassed by the learned advocates for the parties and on perusal of the avernments, role attributed to the applicants which is reflected in the F.I.R. at Annexure-A to the application, I am of the view the applicants deserves to be released on bail.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be enlarged on bail in connection with Prohibition-CR-No-5011/2010 registered with Anjar Police Station for the offence punishable under Sections 66B, 65AE and 81 of the Bombay Prohibition Act 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 enter the local limits of Surat at Vyara except for the purpose of attending the court proceedings and for marking his presence at the concerned police station, till the trial is over.
[b] not take undue advantage of their liberty or abuse their liberty;
[c] not act in a manner injurious to the interest of the prosecution;
[d] surrender their passport, if any, to the lower Court within a week;
[e] not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
[f] mark their presence at the concerned police station on any day of first week of every English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[g] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
[h] maintain law and order.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to 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 applicant on bail.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(H.B.ANTANI,J.) Girish Top