Sunday 21 June 2015

GAMBLING



IN THE COURT OF (NAME),
JUDICIAL MAGISTRATE SECTION-30, (CITY)

1.       Name of the petitioner   )        Vs.              The State.
2.       Name of the petitioner   )
                  
                   Case FIR No.000/0000.
                   U/S    05, Prevention of Gambling Ordinance 1978 (5/7/1978)
                   Police Station:  (Name and city).

                   POST ARREST BAIL PETITION.
ORDER.
Present:       Learned ADPP for the state.
                   Learned counsel for the petitioners.
1.                My this order is meant to dispose off the above captioned, first bail petition, ( as per annexed certificate )  filed by the accused persons/petitioners in the titled case through their learned counsel.
2.                Briefly stated prosecution story is that the accused persons/petitioners committed offence of gaming, as detailed in FIR, hence this case.
3.                Learned counsel for the accused persons/petitioners argued that petitioners are in judicial lock up and they are no more required for further investigation; they are non-convict and non-record holder; allegation against them are baseless. No recovery was affected from them.  Hence, they be released on bail.
4.                Learned ADPP vehemently opposed the bail petition in hand and prayed for its dismissal.
5.                Arguments heard.  Record perused.
6.                Accused persons are not shown previously convicted.  Only police officials have been associated in recovery proceedings. All these facts have made instant case a matter that of further inquiry. Moreover, it is also worth mentioning here that alleged offence does not fall within ambit of prohibitory clause of section 497 Cr.P.C. It is settled proposition of law that in such like cases grant of bail is a rule and its refusal is an exception.  There are no exceptional circumstances in the above captioned case to refuse the concession of bail.  Thus I admit the above mentioned accused persons/petitioners to concession of bail subject to their furnishing bail bonds in the sum of Rs.50,000/-, each along with one surety, each in the like amount to the satisfaction of this Court.
                                                                                  (Name)
 Announced.                                                Judicial Magistrate Section-30,
 00-00-0000                                                                (City)
                  

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