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Gujarat High Court · body

2016 DIGILAW 2160 (GUJ)

Damor Vishrambhai Somaji v. State of Gujarat

2016-11-04

A.Y.KOGJE

body2016
ORDER : A.Y. Kogje, J. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the Prohibition C.R. No III - 5320 of 2016 registered with Shamlaji Police Station, Dist. Arvalli for offence punishable under Sections 66(1)(b), 65(a)(e), 81, 83 and 116(b) of the Bombay Prohibition Act, 1949. 2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- I. Offences are under the Bombay Prohibition act and, therefore, considering the maximum imprisonment that can be implicated Investigating is imposed. II. Applicant claims parity with co-accused who has been enlarged on bail by an order dated 24.10.2016 in Criminal Misc. Application No. 26952 of 2016. 6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40 . 7. In the facts and circumstances!-of the case and considering the nature of the allegations made against the applicants in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail. 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with Prohibition C.R No. III - 5320 of 2016 registered with Shamlaji Police Station, Dist. Arvalli on executing personal bond of Rs. 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with Prohibition C.R No. III - 5320 of 2016 registered with Shamlaji Police Station, Dist. Arvalli on executing personal bond of Rs. 10,000/- (Rupees Ten Thousand only) 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 the State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station once in a week till filing of charge sheet; [f] furnish the present 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 this Court; 9. The authorities will release the applicants only if they is 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. 10. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. 11. 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. 12. Rule is made absolute to the aforesaid extent. 13. Direct service is permitted.