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Gujarat High Court

Shivamsinh @ Dharmendrasinh ... vs State Of Gujarat on 27 September, 2022

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

     R/CR.MA/17845/2022                              ORDER DATED: 27/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17845 of 2022
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       SHIVAMSINH @ DHARMENDRASINH NARENDRASINH JADEJA
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1,2,3,4
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 27/09/2022
                                ORAL ORDER

1. Mr. Virat Popat, learned advocate for the applicants, on instructions, does not press this application qua applicants no.1, 2 and 4 with a liberty to file a fresh application before the Court concerned after filing of charge-sheet.

Hence, the present application stands dismissed as not pressed qua applicants no.1, 2 and 4 with the aforesaid liberty. It is clarified that this Court has not examined the merits of the case.

2. Rule. Learned APP waives service of notice of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

3. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.11993004220371 of 2022 registered with Bhachau Police Station, Dist. Kachchh East - Gandhidham, for the offences punishable under Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Gujarat Prohibition Act.

R/CR.MA/17845/2022 ORDER DATED: 27/09/2022

4. It is the submission of learned counsel for the applicant that the applicant is suffering confinement since 08.09.2022. It is stated that the applicant is not having any past antecedents of like nature. Hence, further detention of the applicant is unwarranted.

5. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.

6. Having heard learned advocates appearing for the respective parties and upon perusal of the material placed on record, it appears that, the applicant Jitendrasinh Surubha Sodha employed by accused no.1 for loading and unloading of contraband liquor and he does not have any past criminal record. In such circumstances, this Court is of the view that, the matter deserves consideration.

7. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11993004220371 of 2022 registered with Bhachau Police Station, Dist. Kachchh East - Gandhidham, on executing a personal bond of Rs.10,000/- (Rupees Ten thousand only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

No. Conditions

(a) not take undue advantage of liberty or misuse liberty;

R/CR.MA/17845/2022 ORDER DATED: 27/09/2022

(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 India without prior permission of the Sessions Judge concerned;

(e) 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 the trial Court;

8. 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. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Tue Sep 27 21:45:58 IST 2022