Gujarat High Court Grants Bail in Liquor Prohibition Case

In Goganbhai Lakhabhai Mori v. State of Gujarat, the Gujarat High Court, reinforcing the principles of parity and the right to liberty, granted regular bail to an accused in a liquor prohibition case, citing the filing of the chargesheet and the release of the co-accused.

Justice Ilesh J. Vora, presiding over a single-judge bench, considered the application for regular bail following the completion of the investigation in a case registered under the Gujarat Prohibition Act. The Court evaluated the necessity of continued detention against the backdrop of a completed chargesheet and the fact that other similarly situated individuals had already been granted relief.

Court Rationale on Liberty and Parity

The Court noted that the investigation had culminated in the filing of a chargesheet, and the applicant had been in custody since February 2026. Emphasizing the lack of necessity for further detention and the likelihood of a prolonged trial, the bench found it fit to exercise its discretion. The Court, in its reasoning, observed: "...chargesheet has already been filed and co-accused have already been released on bail vide order dated 12.03.2026 passed in Cr.MA/6043/2026 by this Court. Trial of the case is likely to take considerable time. He is easily available at the time of trial. There is no apprehension of his absconding or fleeing from justice. The prosecution has not pointed out that further custody of the applicant is necessary."

Specific Directions for Release

The Court has the following directions:

"(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injuries to the interest of the prosecution;

(c) surrender passport, if any, to the lower court within a week;

(d) not leave India without prior permission of the Sessions Judge concerned;

(e) furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;

(f) Shall not enter in Bhanvad Village as well as Taluka for a period of 1 years except for mark his presence before the concerned Police Station and attending the Court proceedings before the concerned court."

Background:

The dispute originated from an FIR registered at Bhanvad Police Station, Devbhoomi Dwarka, involving offences punishable under Sections 65(e), 81, and 98(2) of the Gujarat Prohibition Act. The applicant moved the High Court under Section 483 of the BNSS seeking regular bail after the chargesheet was filed.

Counsel for the applicant argued that the applicant had been wrongly implicated and that continued confinement since February 26, 2026, was unwarranted. Conversely, the Additional Public Prosecutor opposed the bail, pointing to the nature of the accusations and the applicant's conduct. However, the Court observed that since a co-accused was released in Cr.MA/6043/2026 and the trial was expected to be lengthy, the applicant was entitled to bail on a personal bond of Rs. 10,000 with stringent conditions, including a one-year ban on entering Bhanvad Taluka.

Case Details:
Case No.: R/CRIMINAL MISC.APPLICATION NO. 8389 of 2026
NeutralCitation: 2026:GUJHC:33492
Case Title: GOGANBHAI LAKHABHAI MORI Versus STATE OF GUJARAT
Appearances:
For the Petitioner(s): MR. MUNJAL V. ACHARYA, ADVOCATE FOR MS. CHETNABEN JOSHI
For the Respondent(s): MR. RONAK RAVAL, ADDL. PUBLIC PROSECUTOR

Source: 2026 CaseBase(GUJ) 263