MOHANSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.III-367 of 2019 before Gandhidham 'A' Division Police Station, District : Kutch for the offences under Sections 65(a), 65(e), 116(2) and 98(2) of the Gujarat Prohibition Act.

(2.) Mr. Salim Saiyed, learned advocate appearing for the applicant, submits that the applicant is not named in the FIR. It is his further submission that the applicant is implicated in the case on the basis of statement of co-accused Dipsing Sodha. He further submits that co-accused Punabhai, who is driver of the truck, has already been released on regular bail. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He further submits that the Sessions Court has recorded in the order that the applicant has similar antecedents and therefore, may not be enlarged on bail.