Gujarat High Court
Kanaksinh @ Kano Jagmalbhai Dodiya vs State Of Gujarat on 7 July, 2015
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
R/CR.MA/11796/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 11796 of 2015
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KANAKSINH @ KANO JAGMALBHAI DODIYA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR HARESH N JOSHI, ADVOCATE for the Applicant(s) No. 1
MR RC KODEKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED
Date : 07/07/2015
ORAL ORDER
1. This application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I - 8 of 2014 registered with Chorwad Police Station, Dist. Junagadh for the offences u/s. 363, 366, 376, 212 and 114 of the Indian Penal Code and u/s. 4,6 and 8 of the POSCO Act.
2. Learned advocate for the applicant submitted that the applicant is innocent person and he has been wrongly implicated in the offence as alleged. He submitted that there is no direct evidence against the applicant. He also submitted that present applicant is shown as simply abettor. He also submitted that co-accused has been released by this Court on bail. Therefore, he prayed to grant regular bail to the applicant.
Page 1 of 3R/CR.MA/11796/2015 ORDER
3. As against, learned APP strongly opposed the bail application of the applicant and submitted that no discretionary power under Section 439 may be exercised in favour of the applicant.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and co-accused has been released by this Court and he is shown as abettor, I am inclined to grant bail to the applicant. At this stage, this Court is not going into the merits of the case.
5. Considering the above, this application is allowed. The applicant is ordered to be released on bail in connection with CR No.I 8 of 2014 registered with Chorwad Police Station, Dist. Junagadh for the alleged offence, on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall:
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the country without the prior permission of the concerned Sessions Judge;Page 2 of 3
R/CR.MA/11796/2015 ORDER
f) furnish the address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
6. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
7. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) YNVYAS Page 3 of 3