Gujarat High Court

CR.MA/22049/2018 of JANAKBHAI GOVINDBHAI KHATANA (RABARI) Vs STATE OF GUJARAT on 31 December 2018

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THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 22049 of 2018 ========================================================== JANAKBHAI GOVINDBHAI KHATANA (RABARI) Versus STATE OF GUJARAT ========================================================== Appearance: MR Y J PATEL(3985)

R/CR.MA/22049/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/CRIMINAL MISC.APPLICATION NO. 22049 of 2018

==========================================================

JANAKBHAI GOVINDBHAI KHATANA (RABARI)VersusSTATE OF GUJARAT==========================================================Appearance:

MR Y J PATEL(3985) for the PETITIONER(s) No. 1MS CM SHAH APP (2) for the RESPONDENT(s) No. 1

==========================================================

CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI

Date : 31/12/2018

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ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offece being Prohibition C.R.No.III- 88 of 2018 registered with Paliyad Police Station, Botad for the offences punishable under Sections 65-E, 98(2), 81, 83 and 116(b) of the Prohibition Act.

2. Mr.Y.J.Patel, learned advocate for the applicant submitted that co-accused, who is named in the FIR, is released on regular bail. Charge-sheet is filed. Applicant is not named in the FIR, except the statement of the co-accused, there is no material evidence against the applicant.

3. To counter the submissions, learned APP, Ms.C.M.Shah, for the State pointed out that over and above the present offence, there are four other criminal antecedents of the present applicant. Out of which, two are of the year 2010 and one is of the year 2014 wherein, as per the claim of the learned advocate, Mr.Y.J.Patel, for the applicant, the applicant is acquitted of all the charges in all three cases. The fourth antecedent shown wherein, the applicant is granted anticipatory bail by this Court.

4. Hence, this Court is inclined to grant regular bail to the applicant on the following terms and conditions in connection with an offence being Prohibition C.R.No.III-88 of 2018 registered with Paliyad Police Station, Botad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousands Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty;liberty; [b] not act in a manner injuries to the interest of the prosecution;prosecution; [c] surrender passport, if any, to the lower court within a week;within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; permission of the Sessions Judge concerned; [e]mark presence before the concerned Police Station on every Monday for a period of three months and thereafter, on any day of first week of each English Calendar Month for a period of one year, between 10:00 a.m. and 2:00 p.m.;every Monday for a period of three months and thereafter, on any day of first week of each English Calendar Month for a period of one year, 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 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;

5. 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.

ASHISH M. GADHIYA

(UMESH A. TRIVEDI, J)

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