LAWS(GJH)-2023-12-22

HASMUKHBHAI CHHAGANBHAI HALPATI Vs. STATE OF GUJARAT

Decided On December 27, 2023
Hasmukhbhai Chhaganbhai Halpati Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-C.R.No. 11200010232212 of 2023 registered with the Valsad Town Police Station, Valsad for the offences punishable under Ss. 65(a), 65(e), 98(2), 81, 116-B of the Gujarat Prohibition Act, 1949.

(3.) The learned advocate appearing on behalf of the applicant submits that present applicant is falsely involved in the commission of the offence. He has further submitted that the applicant is the driver of the vehicle. He has further submitted that the applicant was arrested since 29 th November, 2023. He has further submitted that after his arrest, nothing incriminating was recovered or discovered from the applicant. He has further submitted that the investigation qua the present applicant has been completed and therefore, no further custodial interrogation of the present applicant is required. He has further submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.