JAYANTIBHAI MAKANBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 (for short Cr.PC ) in respect of the offences punishable under Sections 65(e), 81 and 83 of the Gujarat Prohibition Act for which FIR came to be registered at Prohibition C.R. No.5244 of 2017 with Khambholaj Police Station, earlier bail application, having been withdrawn twice, one before the charge-sheet on 16/01/2018 (CR.MA No.30676 of 2017) and the other after the charge-sheet being (CR.MA No.5078 of 2018) on 09/03/2018.

(2.) There is no dispute that after full-fledged hearing, since this Court was not inclined to admit the petitioner to bail, CR.MA No.5078 of 2018 post charge-sheet was withdrawn. Principal ground urged as a change of circumstance is the information supplied to the petitioner with regard to the movement of two vehicles being Motor Bike bearing Registration No.GJ-23-G-247 and BOLERO Car bearing Registration No.GJ-18-GA-2625.

(3.) Relying upon such information, the contention is that the claim of the complainant that he had used the official duty vehicle for patrolling duty, during which offence in question was detected is falsified as none of the said vehicles were available at the scene of offence between 6:00 p.m. to 8:00 p.m. on the date of the incident. It is pointed out from the said information by the learned Counsel for the petitioner that the said two vehicles had moved in the following manner.