MEHULKUMAR SHANKARLAL VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being III-C.R. No.251 of 2019 registered with Prantij Police Station, Sabarkantha for offences punishable under Ss. 65(A)(E), 116-B, 98(2), 81 and 83 of the Gujarat Prohibition Act.

(2.) Mr. Kumar H. Trivedi that the present applicant was granted anticipatory bail in connection with the said offence and one of the conditions was to appear before the Investigating Officer as and when called for during the course of investigation. In addition, the condition No.5 was for production of the document of identification and permanent residence which were alongwith the directions that the residential address would not be changed without the prior permission of the Court.

(3.) Mr. J.K. Shah, learned Additional Public Prosecutor, submitted that that the applicant was granted anticipatory bail and hence, he was bound to follow the conditions laid down and the applicant should have been proactive in submitting the bail bonds. Since the police found that the applicant was not co-operating with the investigation, it had prayed for cancellation of bail which was granted by the Court below. It is further submitted that considering the attitude of the applicant who does not respect the law and the process of law, no concession should be granted to the applicant and the application be rejected. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.