IN
THE COURT OF (NAME OF THE JUDGE)
ADDITIONAL
DISTRICT & SESSIONS JUDGE, (NAME OF THE
CITY)
Petitioner Vs The State
Present: Learned counsel
for the petitioner.
Learned
DDPP for the State
Naib Court
with record
ORDER:
The
petitioner (name
of the petitioner) has sought post arrest bail in case FIR No. 000/2010
dated 00.00.2010 u/s 4/5, 34/35 Electronics Transaction Act 2002 Police Station
(name and city)
The
allegation against the petitioner is that he was found selling mobile sims
illegally and without authorization by the competent authority whereupon the
above mentioned case was registered.
Learned counsel
for the petitioner has sought post arrest bail of the petitioner inter alia on
the grounds of false implication, that petitioner is authorized dealer of the
concerned mobile phone companies and that the offence leveled against him do
not attract as against the petitioner and offences do not fall within the
prohibitory clause. Hence the instant post arrest bail petition.
Learned
DDPP for the State opposed the bail petition vehemently and prayed for the
dismissal of the same.
I have
heard the arguments and gone through the record.
The
petitioner has placed photocopies of authorization letters issued by Warid, Zong, Telenor, Mobilink and that the
petitioner is neither subscriber nor a user nor provider and allegation there
against is that he was selling the sims without prior permission and thus
petitioner’s case to the extent of offences leveled against him becomes of
further enquiry. Offences do not fall within the prohibitory clause. There is
no apprehension of abscondance or tempering with prosecution evidence. He does
not appear to be previous convict or record holder. Hence he is admitted to
bail subject to his furnishing fresh bail bonds in the sum of Rs. 50,000/- with
one surety in the like amount to the satisfaction of learned Trial Court. File
be consigned to record room after its due completion.
Announced
Date
(Name of the Judge)
Additional Sessions Judge,
(name of the city)
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