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State of Gujarat Vs. Ambalal Vithaldas - Court Judgment

LegalCrystal Citation
SubjectService
CourtGujarat High Court
Decided On
Judge
Reported in(1964)5GLR1079
AppellantState of Gujarat
RespondentAmbalal Vithaldas
Excerpt:
- - 155. special provision regarding bail--notwithstanding anything contained in the code of criminal procedure 1898 (v of 1898) no person accused or convicted of a contravention of these rules or orders made thereunder shall if in custody be released on bail or on his own bond unless- (a) the prosecution has been given an opportunity to oppose the application for such release and (b) where the prosecution opposes the application and the contravention is of any such provision of these rules or orders made thereunder as the central government or the state government may by notified order specify in this behalf the court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention......is of any such provision of these rules or orders made thereunder as the central government or the state government may by notified order specify in this behalf the court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention.2. it is to be noticed that at the beginning the phrase used is contravention of those rules or orders made thereunder. but in sub-rule (b) that phrase is qualified by the words as the central government or the state government may by notified order specify in this behalf - sub-rule (b) applies only to such rules or orders as the central government or the state government may by notified order specify in this behalf, on other words it refers to rules and orders which are notified separately by the central government.....
Judgment:

V.B. Raju, J.

1. The contention in this application is that a person against whom a prosecution was launched for contravention of the Gujarat Ground-nut (Declaration of Stock) Order 1964 has been released on bail without stating that there are reasonable grounds for believing that he is not guilty of the contravention alleged as such a finding is required by Rule 155 (b) of the Defence of India Rules. 1962. Rule 155 of the said Rules reads as follows:

155. Special provision regarding bail--Notwithstanding anything contained in the Code of Criminal Procedure 1898 (V of 1898) no person accused or convicted of a contravention of these rules or orders made thereunder shall if in custody be released on bail or on his own bond unless-

(a) the prosecution has been given an opportunity to oppose the application for such release and

(b) where the prosecution opposes the application and the contravention is of any such provision of these rules or orders made thereunder as the Central Government or the State Government may by notified order specify in this behalf the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention.

2. It is to be noticed that at the beginning the phrase used is Contravention of those Rules or orders made thereunder. But in Sub-rule (b) that phrase is qualified by the words as the Central Government or the State Government may by notified order specify in this behalf - Sub-rule (b) applies only to such rules or orders as the Central Government or the State Government may by notified order specify in this behalf, on other words it refers to rules and orders which are notified separately by the Central Government or the State Government for the purpose of Rule 155. There is no evidence before me that the rule or order contravened is a notified rule or order for the purpose of Rule 155. The contention of the learned Government Pleader is therefore rejected. Unless it is a notified rule or order Rule 155 would not apply.

3. The revision application is therefore dismissed.


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