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1964 Supreme(Guj) 98

V.B.RAJU
STATE OF GUJARAT – Appellant
Versus
AMBALAL VITHALDAS – Respondent


Advocates Appeared: H.M.CHOKSHI, R.K.PATEL, R.M.VIN

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 (c) 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. It is




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