Ashokbhai Natubhai Vala vs State Of Gujarat on 4 May, 2021

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Gujarat High Court

Ashokbhai Natubhai Vala vs State Of Gujarat on 4 May, 2021

Equivalent citations: AIRONLINE 2021 GUJ 445

Bench: Gita Gopi

              R/CR.MA/5368/2021                            ORDER



               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                 R/CRIMINALMISC.APPLICATIONNO. 5368of 2021
                                   With
                 R/CRIMINALMISC.APPLICATIONNO. 5388of 2021
=============================================================================

ASHOKBHAINATUBHAIVALA Versus STATEOF GUJARAT ============================================================================= Appearancein Cr.MANo. 5368of 2021:

MANANK PANERI(7959)for the Applicant(s)No. 1 MS SUDHAC SHUKLA(3804)for the Applicant(s)No. 1 MS. NISHATHAKORE,ADDITIONALPUBLICPROSECUTOR(2)for the Respondent(s)No. Appearancein Cr.MANo. 5388of 2021:

MANANK PANERI(7959)for the Applicant(s)No. 1 MS SUDHAC SHUKLA(3804)for the Applicant(s)No. 1 MS. MAITHILIMEHTA,ADDITIONALPUBLICPROSECUTOR(2)for the Respondent(s)No. ============================================================================ CORAM: HONOURABLE MS. JUSTICE GITA GOPI Date: 04/05/2021 COMMONORALORDER

1. Rule. Ms. Nisha Thakore, learned APP waives service of notice of Rule on behalf of respondent - State in Cr.MA No. 5368 of 2021 and Ms. Maithili Mehta, learned APP waives service of notice of Rule on behalf of respondent- State in Cr.MA No. 5388 of 2021.

2. These applications have been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being CR-I/12/2019 registered with Babra Police Station, Amreli for offences punishable under sections 467, 468, 471, 419, 379, 120(B), 34 of IPC and in connection with the FIR being CR-III/4/2019 registered with Babra Police Station, Amreli for offences punishable under sections 65(a)(e), 116(B), 66(1)(B), Page 1 of 4 Downloaded on : Tue May 04 21:30:38 IST 2021 R/CR.MA/5368/2021 ORDER 81, 83 and 98(2) of the Gujarat Prohibition Act, 1949.

3. Mr. Manan K. Paneri, learned advocate for the applicant in both the applications, submitted that the land on which the alleged contraband liquor Indian Made Foreign Liquor worth Rs.

37,29,000/- was seized is of the ownership of the applicant. He further submitted that the said land was given to Ramesh Manorbhai Solanki for cultivation, who is a major accused. Mr. Paneri, learned advocate submitted that the applicant is local resident and possesses movable and immovable properties and no warrant under Section 70 of CrPC was issued against the applicant. He further submitted that in subsequent FIR, the allegations are of using ID proofs and documents of other persons for procuring the mobile SIM card of various Mobile Service providers but no such direct evidence is before the Court of any such misuse of ID Proof or documents for obtaining the SIM Card of different Mobile Service Providers. It was, therefore, prayed that the present applications may be allowed and the applicant herein may also be released on regular bail.

4. Ms. Nisha Thakore, learned Additional Public Prosecutor, submitted that the CDRn details reflects larger conspiracy. Ms. Maithili Mehta, learned Additional Public Prosecutor submitted that it is a case of large conspiracy. The land of the accused is used for cutting of the Liquor. It is further submitted that the documents in the name of other persons were used for procuring SIM Cards from different Mobile Service Providers and to avoid the arrest, had remained absconding. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

5. Heard learned advocates on both the sides and perused the Page 2 of 4 Downloaded on : Tue May 04 21:30:38 IST 2021 R/CR.MA/5368/2021 ORDER material on record. The Liquor was found in the field of the applicant, which according to the applicant was given to Rameshbhai Manorbhai Solanki for cultivation, who is also major accused in the matter. The allegations are also that illegal activity was carried out by the accused by hiding their own identity by procuring of the SIM Card using ID proof and documents of the other persons. There are no specific details about any misuse by the present applicant by way of falsely producing any ID Proof for the purchase of SIM Cards of different Mobile Service Providers in their illegal activity. Taking into consideration the facts of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

6. Hence, the present applications are allowed. The applicant is ordered to be released on regular bail in connection with FIR being CR-I/12/2019 registered with Babra Police Station, Amreli as well as in connection with the FIR being CR- III/4/2019 registered with Babra Police Station, Amreli, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) each 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 injurious to the interest of the prosecution;

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

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

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              R/CR.MA/5368/2021                               ORDER



[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;

7. 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.

8. 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.

(GITAGOPI,J) SAJGEORGE Page 4 of 4 Downloaded on : Tue May 04 21:30:38 IST 2021

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