Research › Search › Judgment

Gujarat High Court · body

2018 DIGILAW 728 (GUJ)

Sohanlal Biyaram Bisnoi v. State of Gujarat

2018-06-11

J.B.PARDIWALA

body2018
JUDGMENT : J.B. Pardiwala, J. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with Prohibition (III) C.R.No.-73/2018 registered with the Vijapur Police Station, District Mehsana for the offences punishable under Sections 65E, 116B and 81 of Prohibition Act. 2. The 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. The 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. The 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 of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. 6. Following aspects are taken into consideration: I. The offence is under the Gujarat Prohibition Act. II. The investigation is almost completed. III. The applicant is in judicial custody since 12.04.2018. IV. No antecedents. 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 40 . 8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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 applicant on regular bail. 9. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with Prohibition (III) C.R.No.-73/2018 registered with the Vijapur Police Station, District Mehsana on executing a personal bond of Rs. 9. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with Prohibition (III) C.R.No.-73/2018 registered with the Vijapur Police Station, District Mehsana on executing a personal bond 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 he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries 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 on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [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; [g] not leave District Mehsana till the conclusion of the trial. 9.1 As this Court has restrained the applicant from leaving the revenue limits of the District Mehsana, he being a native of Rajasthan, the trial Court shall see to it that the criminal case is completed within 3 months. The disposal of the criminal case shall be reported to this Court. 9.2. The authorities will release the applicant only if he 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.