SANJAYBHAI DOSABHAI KODIYATAR Vs. STATE OF GUJARAT
LAWS(GJH)-2013-7-61
HIGH COURT OF GUJARAT
Decided on July 19,2013

Sanjaybhai Dosabhai Kodiyatar Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)THIS application is filed under Section 439 of the Code of Criminal Procedure in connection with FIR registered as C.R. No. I118 of 2012 with Kamlabaug Police Station, Porbandar for the offences punishable under Sections 143,147,148,149,323,325,302,307,506(2), 504 and 120B of the Indian Penal Code and Section 135 of the Bombay Police Act.
(2.)HEARD learned advocates for the respective parties and perused the papers of investigation.
Considering the fact that it is the case of circumstantial evidence as well as in the facts and circumstances of the case and considering the nature of allegations made in the FIR, without going into the details, I am of the of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No. I118 of 2012 with Kamlabaug Police Station, Porbandar on executing a bond of Rs.15,000/ (Rupees Fifteen Thousand only) with one 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 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 the State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence at the concerned police station on alternate Monday for a period of three months and thereafter on any day of the first week of every English Calender month for a period of one year between 10.00 a.m. and 2.00 p.m. [f] furnish the present address of 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;

(3.)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 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, the 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.


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