Gujarat High Court
Kailashkumar Bhanwarlal Shen (Nai) vs State Of Gujarat on 29 May, 2020
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/5191/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5191 of 2020
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KAILASHKUMAR BHANWARLAL SHEN (NAI)
Versus
STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 29/05/2020
ORAL ORDER
The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being Prohibition C.R.No. 11822003200144 of 2020 registered with Vansda Police Station, Dist: Navsari for the offence punishable under Sections 65 (a), 65(e), 81, 98(2) of the Prohibition Act.
Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence. Page 1 of 4 Downloaded on : Fri May 29 22:52:57 IST 2020
R/CR.MA/5191/2020 ORDER I have heard learned advocates appearing on behalf of the respective parties.
In the facts and circumstances of the case and considering the fact that the nature of allegations made against the applicant in the FIR, I am of the 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 an FIR being Prohibition C.R.No. 11822003200144 of 2020 registered with Vansda Police Station, Dist: Navsari, on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that applicant 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;
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R/CR.MA/5191/2020 ORDER [e] mark presence before the concerned Police Station on every second Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;
[f] furnish latest 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;
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 learned 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, learned 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. This order be communicated to the applicant through Jail Page 3 of 4 Downloaded on : Fri May 29 22:52:57 IST 2020 R/CR.MA/5191/2020 ORDER Authorities by the registry as well as learned Sessions Court concerned.
(B.N. KARIA, J) Pallavi Page 4 of 4 Downloaded on : Fri May 29 22:52:57 IST 2020