Ashwinbhai Parsottambhai Patel vs State Of Gujarat & on 17 January, 2014

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Gujarat High Court

Ashwinbhai Parsottambhai Patel vs State Of Gujarat & on 17 January, 2014

Bench: Anant S. Dave

         R/CR.MA/20955/2013                                         ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20955 
                                    of 2013

==============================================================
         ASHWINBHAI PARSOTTAMBHAI PATEL....Applicant(s)
                           Versus
             STATE OF GUJARAT  &  1....Respondent(s)
==============================================================
Appearance:
MR MP SHAH, ADVOCATE for the Applicant(s) No. 1
MS. KRUTI M SHAH, ADVOCATE for the Applicant(s) No. 1
MS MANISHA LAVKUMAR, ADVOCATE for the Respondent(s) No. 2
MS HANSA PUNANI APP for the Respondent(s) No. 1
==============================================================

        CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE


         Date : 17/01/2014


ORAL ORDER

1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with Criminal Complaint registered as Criminal Complaint No. 4/6P.R.V./12/201314/GrB before learned Judicial Magistrate First Class, Borsad, along with the production report dated 04.12.2013, for the offences punishable under Sections 9(1)(b) read with Sections 9A and 9AA of the Central Excise Act, 1944.

2. Learned counsel for the applicant submits that the applicant is alleged to have been involved in the offences punishable under Sections 9(1) (b) read with Sections 9A, 9AA of the Central Excise Act, 1944 and Page 1 of 4 R/CR.MA/20955/2013 ORDER came to be arrested in connection with Criminal Complaint registered as Criminal Complaint No. 4/6P.R.V./12/201314/ GrB for which the punishment is upto seven years and the learned Additional Sessions Judge has rejected the application for bail on the ground on prima facie involvement of the applicant in the above offence coupled with the fact that the applicant was not available for investigation by the competent authority and the possibility of nonavailability at the stage of trial, likelihood of absconding, never come back in the clutches of the Court and by reproducing the headnote of one decision reported in 2003(1)GLR, it is submitted that by imposing suitable conditions in the backdrop of nature of involvement and the proceedings to be initiated under the Central Excise Act, 1944 and Rules framed thereunder, the applicant may be enlarged on bail.

3. The above application is opposed by Ms. Manisha Shah, learned advocate appearing for respondent no. 2 Union of India on the ground that the manner in which the alleged crime is committed producing and manufacturing of "Gutkha" without any registration or any or any valid law and nonavailability of the applicant when summons were issued from time to time and it is submitted that the reasons weighed with the learned Additional Sessions Judge for rejecting the application for bail of the applicant do not warrant any interference by this Court. Learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.

4. Upon overall consideration, nature of punishment prescribed for the offence alleged by imposing conditions, apprehension of non Page 2 of 4 R/CR.MA/20955/2013 ORDER availability of the applicant at the stage of trial or even at the time of adjudication of the proceedings under the Central Excise Act, 1944 can be taken care and accordingly, I am inclined to grant regular bail to the applicant by imposing conditions.

5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with Criminal Complaint registered as Criminal Complaint No. 4/6P.R.V./12/201314/ GrB before learned Judicial Magistrate First Class, Borsad on executing a bond of Rs.25,000/ (Rupees Twenty Five Thousand only) 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 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;

[e] furnish the present address of residence to the I.O. 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;

(f) shall report to the Excise authority once in fortnight.

6. 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 lower court having Page 3 of 4 R/CR.MA/20955/2013 ORDER 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 applicant on bail. Rule is made absolute to the aforesaid extent. D.S. Permitted.

(ANANT S.DAVE, J.) /phalguni/ Page 4 of 4

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