IBRAHIM HASAM KEVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant and learned Public Prosecutor Mr.Mitesh Amin for the respondent - State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.III-122 of 2018 registered with Bhuj City 'B' Division police station for the offences punishable under Sections 65(a)(e) and 98(2) of the Gujarat Prohibition Act.

(3.) Considering the chargesheet papers supplied by the learned A.P.P. during the course of hearing, it appears that the applicant was not found at the scene of offence. Further, the alleged offence is triable by the learned Magisterial Court. The State could not ensure that trial would commence and conclude in near future and, therefore, refusal of bail to the applicant would amount to pre-trial conviction which is prohibited under the law. Therefore, present application deserves consideration.