Disposed

Dusa Sasmal v. State of Orissa

Orissa HC6 Oct 2015CRLMC/4177/2015

Case brief

AI extract

What is this about?

The High Court entertained a plea challenging an order on notice to show cause for cancellation of bail. Finding the petitioner had not committed overt acts during bail, the Court directed that if he surrenders by 16.10.2015, he shall be released on original bail terms. The matter was disposed with a direction for bail subject to surrender.

What did the court decide?

If petitioner surrenders before 16.10.2015, the court below must release him on original bail terms with an undertaking to appear and cooperate in trial.

2. This application under Section 482 of Cr.P.C. has been filed by the petitioner challen ging the order dated 08.4.2015 passed by the learned S.D.J.M., Berhampur in G.R Case No.943 of 2014 arising out of Gopalpur P.S Case No.111 of 2014 issuing notice to the petitioner as to w hy the bail granted to him earlier shall not be cancelled as charge sheet has been submitted f or higher offence.

3. On perusal of records, it appears that earlier the petitioner was released on bail by or der dated 01.8.2014 for commission of offences under Sections 380 / 413 / 34 of I.P.C. After c ompletion of investigation charge sheet has been submitted on the basis of which the court bel ow has taken cognizance of offences under Sections 380 / 413 / 34 of I.P.C. Since the offence under Section 413 of Cr.P.C is exclusively triable by the Court of Sessions, the court below by the impugned order directed the petitioner as to why his bail shall not be cancelled as cha rge sheet has been submitted for higher offence.

4. The Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others reported in (2011) 48 OCR (SC) 1 held that perfect balance between the conflicting inte rest, namely, sanctity of the individual liberty and the interest of the society has to be mai ntained by the court while granting or refusing bail. The requirement of shielding the society from the hazardous of those committing crime and potentiality or repeating the same crime whi le on bail vis--vis absolute adherence of the fundamental principles of criminal ju risprudence regarding

5. Considering the materials available on record, this Court is not inclined to interfere with the impugned order in exercise of the jurisdiction under Section 482 of Cr.P.C. However, keeping in view the fact that the petitioner has not committed any overt acts while he was on bail, this Court directs that if the petitioner surrenders before the learned S.D.J.M., Berh ampur in G.R Case No.943 of 2014 arising out of Gopalpur P.S Case No.111 of 2014 on or befor e 16.10.2015 and files an application for bail, he shall be released on bail by the cou rt below on such terms and conditions of his earlier bail with an undertaking that he will app ear before the court below as and when required and shall cooperate for early conclusion of tr ial.

Dusa Sasmal v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dusa Sasmal v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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