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2017 DIGILAW 1721 (GUJ)

Bharatbhai Bhalabhai Charel v. State of Gujarat

2017-10-03

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. 1. By way of present application preferred under section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for bail in connection with III-C.R No. 35 of 2017 registered with Limdi Police Station, District Dahod, for the offences punishable under sections 66(1)(B), 65(E), 81 and 116(b) of the Gujarat Prohibition Act, whereby the applicant has been arrested on September 01, 2017. 2. According to the case of the prosecution, a secret information was received by the Police Sub Inspector while patrolling that a white colour Mahindra Bolero car bearing Registration No. GJ-20-N-3668 was to pass via Limdi to Mundra, which was to carry unauthorised and prohibited goods. On interception of the said car, a huge quantity of Indian Made Foreign Liquor (IMFL) had been found. 3. According to Shri Niral Mehta, learned counsel appearing for the applicant, the co-accused have already been granted bail by this Court and, thus, on the ground of parity, he seeks bail. He has further submitted that there is no criminal antecedent of the applicant qua the crime in question. 4. Ms. Shruti Pathak, learned Additional Public Prosecutor, has vehemently urged that the investigation qua the offence in question is going on. Moreover, the quantity of the IMFL is too huge and further, the applicant has also criminal antecedents. It is also her say that the other co-accused are yet to be arrested and, therefore, the investigation could not be completed and, hence, this application for bail may not be entertained. 5. This Court has heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role attributed to the applicant. Especially considering the factum of grant of regular bail in favour of the co-accused persons and particularly prima facie the allegation of the applicant being a receiver, with very thin evidence to connect him with the crime in question, his case deserves consideration when there is no apprehension of availability of the applicant at the time of trial. Without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion in favour of the applicant and to enlarge him on regular bail. 6. Without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion in favour of the applicant and to enlarge him on regular bail. 6. For the foregoing reasons, the present application is allowed and the applicant is ordered to be released on regular bail in connection with III-CR. No. 35 of 2017 registered with the Limdi Police Station, District Dahod, on his executing a solvent surety of Rs. 30,000/- (Rupees Thirty 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 tamper with the evidence or hamper the prosecution witnesses and shall not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the trial court within a week from the date of his release; [d] not leave the State of Gujarat without prior permission of this Court; [e] mark presence before the concerned Police Station between 11:00 a.m and 02:00 p.m on every first day of the English calendar month till filing of the charge-sheet; [f] furnish the present address of his residence to (i) the Investigating Officer and also (ii) the trial Court, at the time of execution of the bond and shall not change the residence without prior permission of this Court; [g] not enter into the revenue limits of District Dahod till the completion of trial. 7. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. 8. 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 and even the Investigating Officer will be at liberty to approach this Court in such case. 9. Bail bond be executed before the trial Court having jurisdiction to try the case. 10. 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. 11. Rule is made absolute to the extent aforesaid. Direct service is permitted.