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Gujarat High Court · body

2017 DIGILAW 1116 (GUJ)

Baldevsinh Manubha Solanki v. State of Gujarat

2017-07-03

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. Heard learned advocate, for the applicant and learned APP, for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with the III-CR No. 66 of 2017 registered with Shihori Police Station, District Banaskantha for the offence punishable under Sections 65(A)(E) and 116(B) of the Prohibition Act. 3. On consideration of the investigation papers supplied by learned APP during the course of hearing and considering the fact that the petitioner was not present at the time of raid as also the fact that the quantity was of Rs. 19,850/- i.e. small quantity, this application deserves consideration and thus prima facie case for bail is made out. 4. Hence, the application is allowed and applicant is ordered to be released on bail in connection with III-CR No. 66 of 2017 registered with Shihori Police Station, District Banaskantha on executing a 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 he 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) not leave the territory of India without prior permission of the Sessions Judge concerned; (d) not enter into the area of Shihori Police Station for a period of six months. (e) appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. (f) furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned; 5. The competent authority will release the applicant only if he is not required in connection with any other offence for the time being. 6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. 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. 10. Rule made absolute to the aforesaid extent. Direct service is permitted.