This bench allowed a regular bail application under Section 439 CrPC for an offence under the Gujarat Prohibition Act, directing release on personal bond with surety and specific conditions.
The applicant is released on regular bail upon executing a personal bond of Rs. 5 lac with one surety of the like amount.
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R/CR.MA/13899/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13899 of 2018
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YUNUSH @ BHOLO SORABKHAN AMJIKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR GIRISH D CHAVDA(3226) for the PETITIONER(s) No. 1 MR RAKESH PATEL, APP (2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/08/2018
ORAL ORDER
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Detroj Police Station, District Ahmedabad, vide CR Prohibition No.48 of 2018, for the offences punishable under Sections 65(A)(E), 81 and 98(2) of the Gujarat Prohibition Act.
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.
The learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.
The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
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R/CR.MA/13899/2018 ORDER
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.
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, reported in [2012]1 SCC 40.
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.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the First Information Report registered with the Detroj Police Station, District Ahmedabad, vide CR Prohibition No.48 of 2018, on executing a personal bond of Rs.5,00,000/- (Rupees Five Lac only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
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R/CR.MA/13899/2018 ORDER
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.
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.
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.
(J.B.PARDIWALA, J.)
/MOINUDDIN
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1 issue framed by the court
Whether the present case is a fit case to exercise discretion and enlarge the applicant on regular bail.
Colour shows how this judgement treated each authority
Sanjay Chandra v. Central Bureau of InvestigationReferred¶22
[2012]1 SCC 40 · Who else cites this
1 provisions across 1 enactments
Yunush @ Bholo Sorabkhan Amikhhan Pathan
State of Gujarat
J.B. Pardiwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
