Gujarat High Court
Vasimbhai Yusufbhai Darjada vs State Of Gujarat on 26 February, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/4534/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 4534 of 2018
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VASIMBHAI YUSUFBHAI DARJADA
Versus
STATE OF GUJARAT
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Appearance:
MR Y J PATEL for the PETITIONER(s) No. 1
MS NISHA THAKORE, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 26/02/2018
ORAL ORDER
1. Heard learned advocate, for the applicant and learned APP, 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. registered at C.R. No. III - 8/2018 with Prabhash Patan Police Station, Gir-Somnath for the offences punishable under Sections 65-E, 81, 98(2) and 99 of the Prohibition Act, 2016.
3. It is briefly stated that on 20.01.2016 when the police officers were on patrolling, they received secret information that from Veraval to Junagadh road, one truck bearing registration no. GJ-14-W-1585 without holding legal permission loaded with liquor after necessary panchnama raid was carried out and that during the raid three persons were found in the truck and out of those three persons, one person ran away from the place of incident. That after verification, in Page 1 of 3 R/CR.MA/4534/2018 ORDER the truck, liquor worth Rs. 9,28,750/- was found and seized the truck. That on inquiry co-accused stated that accused person who ran away from the place of incident, was Mr. Vijay Naranbhai Chauhan and also alleged that liquor was provided by Vasimbhai and the same was taken from Daman. Thus, the FIR came to be lodged.
4. Considering the allegations made in the FIR, it appears that applicant is not found in possession of contraband liquor, but he is alleged to be supplier of the truck wherein liquor was found. Learned APP states at bar that there is no any past antecedent registered against the present applicant. Further, the offence alleged against the applicant is triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail at this stage will amount to pre-trial conviction, which is prohibited by law. Therefore, the application requires consideration.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. III - 8/2018 with Prabhash Patan Police Station, Gir-Somnath on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of
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R/CR.MA/4534/2018 ORDER
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 and attend the Court concerned regularly;
[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 applicant only if the applicant 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 take 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 applicant on bail.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Tausif Page 3 of 3