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2017 DIGILAW 1123 (GUJ)

Umeshbhai Anilbhai Chhodhari v. State of Gujarat

2017-07-03

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. 1. Present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail prior to the filing of charge-sheet in connection with III-C.R No. 362 of 2017 registered with Palsana Police Station, District Surat for the offences punishable under Sections 65-E, 81 and 98 (2) of the Gujarat Prohibition Act, 1949. 2. It is the case of prosecution that a secret information was received by the police that one white coloured SX 4 Car bearing Registration No. GJ-05-CL-4612 carrying prohibited goods of liquor, was going to pass through the road of Vadala-Aerthan village and, therefore, the same was intercepted and goods of liquor have been recovered. The driver, namely, Viralbhai Jitendrabhai Koli, who was driving the vehicle and two of the persons, who were sitting in the car, namely, Umeshbhai Anilbhai Chaudhri and Niteshbhai Sukhabhai Gamit, both belonged to Taluka: Palsana, District: Surat. 3. According to the applicants, they were merely sitting with a person, who had criminal antecedent by taking a lift and they have no role to play in the alleged offence with no criminal antecedents. 4. Learned Additional Public Prosecutor, Ms. Pathak for respondent-State has resisted the same on the ground that charge-sheet has not been filed yet. Moreover, they both were found sitting in the car, which had carried prohibited goods of liquor. Of course, a driver himself has criminal antecedent according to the prosecution. 5. Having heard learned advocates for both the sides as well as considering the nature of accusation made in the complaint and the alleged role attributed to these applicants of merely sitting in the car with the person, who was driving the vehicle having criminal antecedent, with no criminal antecedents of the applicants and they being permanent residents of State of Gujarat, procuring their presence at the time of trial is not difficult. With the stringent conditions discretion deserves to be exercised. 6. In view of aforesaid, the present application is allowed and the applicants are ordered to be released on regular bail in connection with III-C.R No. 362 of 2017 registered with Palsana Police Station, District Surat, on their executing a solvent surety of Rs. With the stringent conditions discretion deserves to be exercised. 6. In view of aforesaid, the present application is allowed and the applicants are ordered to be released on regular bail in connection with III-C.R No. 362 of 2017 registered with Palsana Police Station, District Surat, on their executing a solvent surety of Rs. 25,000/- (Rupees Twenty Five 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 tamper with any evidence, and/or documents nor act in a manner injurious to the interest of the prosecution; [c] surrender their passport, if any, to the trial court within a week from the date of their release; [d] not leave the State of Gujarat without prior permission of this Court; [e] mark their presence between 11:00a.m and 02:00 p.m before the concerned Police Station on the 1st and 15th day of every English calendar month for six months; [f] furnish the present address of their 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; [g] any repeat offence will entitle the prosecution to make a request for cancellation of regular bail; [h] not enter the revenue limits of District Surat till filing of the charge-sheet; 7. The authorities will release the applicants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the trial court concerned will be at liberty to issue warrant or take appropriate action in the matter. 8. Bail bond to be executed before the trial court having jurisdiction to try the case. 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 applicants on bail. 10. Rule is made absolute to the aforesaid extent. Direct service is permitted.