Gujarat High Court
Rafique Ahmedbhai Raj & vs State Of Gujarat on 5 May, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/11464/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11464 of 2017
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RAFIQUE AHMEDBHAI RAJ & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR MOHDSHAFI SHAIKH, ADVOCATE for the Applicant(s) No. 1 - 2
MR MITESH AMIN PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 05/05/2017
ORAL ORDER
1. Rule. Learned PP Mr. Amin waives service of notice of Rule on behalf of respondent-State.
2. Heard Mr. Shaikh, learned advocate, for the applicants and learned PP, for the respondent-State.
3. 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 - 11/2017 with Vaghra Police Station for the offences punishable under Sections 65(a)(e), 116(b) and 98(2) of the Prohibition Act.
3.1 The gist of the case is that on 5.4.2017, a Tata Winger was apprehended by the Police and accused namely Asif Hasan was arrested along with loaded foreign liquor. Hence, this FIR.
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R/CR.MA/11464/2017 ORDER
4. Considering the investigation papers, it appears that the applicant was not found at the scene of offence nor found in possession with contraband liquor. The offences alleged against the applicant are 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 will amount to pre-trial conviction, which is prohibited by law. Therefore, present application deserves consideration.
5. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with C.R. No. III
- 11/2017 with Vaghra Police Station on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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] 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 applicants only Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat May 06 03:00:08 IST 2017 R/CR.MA/11464/2017 ORDER if they are 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 applicants on bail.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) shekhar Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat May 06 03:00:08 IST 2017