Allowed

Punabhai Bhanabhai Bharwad v. State of Gujarat

Gujarat HC28 Mar 2022CR.MA/2333/2022

Case brief

AI extract

What is this about?

Single judge of the Gujarat High Court disposed of two regular bail applications filed by an applicant accused of offences under the Gujarat Prohibition Act. Relying on lack of conscious possession and absence of CDR records, the court granted bail with specific conditions and a personal bond.

What did the court decide?

Applications allowed; applicant ordered released on regular bail executing a personal bond of Rs. 15,000 with one surety of like amount subject to conditions including non-entry into District Kutch.

Punabhai Bhanabhai Bharwad Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

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R/CR.MA/2333/2022 ORDER DATED: 28/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2333 of 2022 With R/CRIMINAL MISC.APPLICATION NO. 3058 of 2022

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================================================================ PUNABHAI BHANABHAI BHARWAD

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Versus STATE OF GUJARAT

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================================================================ Appearance:

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DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1 MR PRANAV TRIVEDI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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================================================================

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 28/03/2022

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ORAL ORDER

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Both the applications are in connection with a common applicant, but separate First Information Reports. Hence with the consent of the learned Advocate for the applicant, both the applications are taken up together for hearing today and disposed of by a common order.

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Criminal Miscellaneous Application No.2233 of 2022 has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11993005200439 of 2020 registered with Adesar Police Station, Purva Kutch Gandhidham for the offences punishable under Sections 65(A)(E), 116(B), 81, and 98(2) of the Gujarat Prohibition Act, 1949.

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Page 1 of 5

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R/CR.MA/2333/2022 ORDER DATED: 28/03/2022

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Criminal Miscellaneous Application No.3058 of 2022 has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11993005210219 of 2021 registered with Adesar Police Station, Purva Kutch Gandhidham for the offences punishable under Sections 65(A)(E), 116(B), 81, and 98(2) of the Gujarat Prohibition Act, 1949.

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Learned Advocate for the applicant submitted that out of the 11 cases registered qua the present applicant, in two cases, i.e.1/2013 and 1/2014, the applicant has been found to be in conscious possession of the prohibited liquor. However, in the present cases there is nothing found in the conscious possession of the present applicant. It is further submitted that no raid has been conducted at the residential premises of the applicant nor any CDR records surface to connect the present applicant with the co-accused. It was, therefore, prayed that the present applications may be allowed and the applicant herein may be released on regular bail.

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Learned Additional Public Prosecutor submitted that 11 cases under the Prohibition Act are registered qua the present applicant. It is further submitted that the present applicant is a history sheeter and considering the

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R/CR.MA/2333/2022 ORDER DATED: 28/03/2022

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pendency of the 11 cases, it is urged that no discretion may be exercised in favour of the applicant.

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Heard learned Advocates on both the sides and perused the material on record. The State is required to initiate proceedings of preventive approach. In the present cases, nothing is found in the conscious possession of the present applicant nor is there any panchnama on record to suggest that any raid was conducted on the residential premises or any of the properties of the applicant. Further, there are no details of any CDR's to connect the applicant with the co-accused. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

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Hence, the present applications are allowed. The applicant is ordered to be released on regular bail in connection with the First Information Reports being C.R. No.11993005200439 of 2020 registered with Adesar Police Station, Purva Kutch Gandhidham and C.R. No.11993005210219 of 2021 registered with Adesar Police Station, Purva Kutch Gandhidham on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the

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R/CR.MA/2333/2022 ORDER DATED: 28/03/2022

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conditions that he shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the concerned trial court;

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[e] 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 the concerned trial court;

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[f] not enter the limits of District Kutch, till the completion of trial, except for marking presence during the trial proceedings.

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

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R/CR.MA/2333/2022 ORDER DATED: 28/03/2022

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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Sd/- (GITA GOPI, J)

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CAROLINE

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Punabhai Bhanabhai Bharwad v. State of Gujarat

Case brief

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Punabhai Bhanabhai Bharwad v. State of Gujarat

Case brief

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