KHODEJI BHAVANJI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present bail application has been filed under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with FIR being I. CR. No. 165 of 2021, registered with Gandhidham A Division Police Station, for the offences punishable under Sections 463, 465, 467, 468, 471, 464, 416, 420, 120(B) of IPC.

(2.) The learned counsel appearing for the applicant submits that the applicant is behind the bar since 30.01.2021. The investigation so far present applicant is concerned is almost over. The conclusion of trial may take time. Nothing is to be recovered from the applicant. It is submitted that the prosecution case is based on documentary evidence, therefore, if the applicant is released on bail, the question does not arise for tempering with the evidence.

(3.) Learned APP has opposed the bail application referring to affidavit filed before the Sessions Court concerned by the Investigating Officer at page-10, would submit that the applicant was party to the conspiracy hatched by coaccused and was attesting witness of the alleged sale deed executed by the co-accused. Learned APP further contended that considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.