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2017 DIGILAW 1532 (GUJ)

Aeyub Aalam Multani v. State of Gujarat

2017-09-04

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. 1. This application for regular bail under Section 439 of Code of Criminal Procedure has been filed by the applicants in connection with CR No. II I-303 of 2017 registered with Palsana Police Station, Surat Rural for the offences punishable under Sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act, 1949. 2. At the outset, learned advocate for the applicants does not press this application for applicant no. 1. He is permitted to withdraw this application qua applicant no. 1. Rule is discharged accordingly. It is also made clear the this Court has not entered into the merits of the matter. 3. So far as applicant no. 2 is concerned, it is the case of the prosecution that secret information was received that truck bearing registration no. RJ-14-GH-2062 piloted by one Alto Car bearing registration no. MP-44-CA-1319 was carrying unauthorized foreign made liquor. Therefore, at the check point opposite to Shivshakti Hotel on National Highway No. 8, the vehicles was intercepted where the truck was found containing huge quantity of English liquor. Thereby, the complaint is filed. 4. The applicant no. 2 is alleged to have been seated with applicant no. 1 who was the driver of the Alto car. 5. Ms. Devangi Solaki, learned advocate with Mr. N.V. Gandhi, learned advocate for the applicant no. 2 has urged that the applicant no. 2 has no criminal antecedents and his role is also of merely seating with the applicant no. 2, the driver of the Alto car from which nothing objectionable is found and therefore, he may be enlarged on regular bail imposing strict conditions. 6. Ms. S.S. Pathak, learned APP has opposed the grant of bail on the ground that the car was piloting the truck in which the prohibited articles found. However, she agrees that there is no criminal antecedents qua applicant no. 2. 7. On close perusal of the material on record and submissions made by both the sides, this Court notices the alleged limited role attributed to the applicant no. 2 in the crime in question and that he has no criminal antecedents. Moreover he is being resident of the State, procuring his presence at the time of trail. Hence, this application deserves to be allowed. 8. Accordingly, this application is allowed and applicant no. 2 in the crime in question and that he has no criminal antecedents. Moreover he is being resident of the State, procuring his presence at the time of trail. Hence, this application deserves to be allowed. 8. Accordingly, this application is allowed and applicant no. 2 is ordered to be released on bail in connection with CR No. III-303 of 2017 registered with Palsana Police Station, Surat Rural on furnishing a solvent surety of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent 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) surrender passport, if any, to the lower court within a week; (d) not leave India without prior permission of the Sessions Judge concerned; (e) mark presence before the concerned police station on every 1st and 15th of every English Calender month between 11.00 a.m. and 2.00 p.m. till filing of the charge sheet and thereafter once in a month. (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. If the applicant no. 2 is found indulged in second offence, while trial is going on, the prosecution is at liberty to approach this Court for cancellation of bail. The applicant no. 2 is not permitted to contact the accused who is enlarged at any point of time. Any call details found qua contact with another accused shall be considered breach of conditions and for the same, concerned authority is at liberty take necessary actions. 10. The Authorities will release the applicant no. 2 only if not required in connection with any other offence for the time being. 11. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter, including cancellation of bail. 12. Bail bond to be executed before the lower court having jurisdiction to try the case. 13. 11. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter, including cancellation of bail. 12. Bail bond to be executed before the lower court having jurisdiction to try the case. 13. 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 no. 2 on bail. 14. Rule is made absolute to the aforesaid extent. Direct service is permitted.