Judgment:
1. Rule. Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf of State.
2. This is an application under Section 439 of Criminal Procedure Code praying for regular bail in connection with offence registered with Idar Police Station, vide C.R.No.II-3108 of 2011 for the offences punishable under Sections 3 and 7 of the Essential Commodities Act.
3. Following aspects are taken into consideration:
1. Offences are under Sections 3 and 7 of the Essential Commodities Act.
2. Maximum punishment prescribed for the offence under Section 7 is upto 7 years.
3. The consignment of essential commodities is already in possession of the supply officers including the vehicle in question.
4. No further investigation is necessary. Investigation is practically over.
4. Considering the nature of offence and the role attributed, I am persuaded to exercise my discretion in favour of the accused-applicants. Under the circumstances, accused-applicants are ordered to be enlarged on regular bail in connection with offence registered with Idar Police Station, vide C.R.No.II-3108 of 2011 on their executing a bond in the sum of Rs.15,000/- (Rupees fifteen thousand only) each with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:
1. Not take undue advantage of their liberty or abuse their liberty;
2. Not act in a manner injurious to the interest of the prosecution;
3. Maintain law and order;
4. Mark their presence before the concerned Police Station for every 15 days between 10:00 am to 2:00 pm till trial commences;
5. Not leave the State of Gujarat without prior permission of the Sessions Court concerned;
6. Furnish the address of their residence at the time of execution of the bond andshall not change the residence without prior permission of this Court;
7. Surrender their passport, if any, to the Lower Court immediately.
5. It goes without saying that any observations touching the merits of the case is purely for the purpose of deciding the question of grant of bail and shall not be construed as an expression of the final opinion in the main matter.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
7. Bail before the Lower Court having jurisdiction to try the case.
8. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.