SUSHILKUMAR @ MADANLAL DEVCHAND JAYSWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This bail application has been filed by the applicant under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR being Prohibition C.R. No.54 of 2017 with Morva (Hadaf) Police Station, Dist. Panchmahals, for the offences punishable under Sections 65(E) and 81 of the Bombay Prohibition Act.

(2.) Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent - State.

(3.) The learned advocate for the applicant submits that as per the allegations in the FIR, the applicant with other co-accused was transporting the liquor. It is submitted that the applicant is an innocent person, however, he has been falsely implicated in the offence. It is submitted that charge-sheet is filed and therefore, there is no possibility of tampering with the evidence. For this offence, the applicant No.1 is arrested on the basis of transfer warrant. The offence alleged against the applicant is exclusively triable by the Court of Magistrate. The applicant is aged 55 years. The applicant is in jail since 20.08.2017.