Gujarat High Court
Mahipat Bannesinh Jadeja vs State Of Gujarat on 16 April, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/6801/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6801 of 2018
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MAHIPAT BANNESINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
JEET Y RAJYAGURU(8039) for the PETITIONER(s) No. 1,2
MS MONALI H. BHATT APP (2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 16/04/2018
ORAL ORDER
1. Heard learned advocate for the applicants and learned A.P.P. for the respondent - State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.III-04 of 2018 registered with Gandhigram-2 University police station, Rajkot for the offences punishable under Sections 65(A)(E), 66(B), 116(B), 98(2) and 81 of the Bombay Prohibition Act.
3. Briefly stated, it is alleged that merely because the applicants are the driver of the vehicle bearing registration No.GI-03-W-5600 from which, the muddamal liquor is alleged to be transported, they have been roped into the offence. It is further alleged that the applicants are not the owners of the said muddamal nor the vehicle in question.
4. Considering the chargesheet papers supplied by the learned A.P.P. during the course of hearing, it appears that the Page 1 of 3 R/CR.MA/6801/2018 ORDER alleged offence is triable by the learned Magisterial Court. The State could not ensure that trial would commence and conclude in near future and, therefore, refusal of bail to the applicants would amount to pre-trial conviction which is prohibited under the law. Therefore, present application deserves consideration.
5. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with C.R.No.III-04 of 2018 registered with Gandhigram-2 University police station, Rajkot on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
6. The competent authority will release the applicants only if they are 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 take Page 2 of 3 R/CR.MA/6801/2018 ORDER 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 applicants on bail.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 3 of 3