Single judge granted bail to a petitioner under Cr.P.C. 439 for offences under IPC 379, 411, 414, and 34, noting offences are triable by Magistrate despite prior bail rejection.
Petitioner released on bail for Rs. 20,000 with two solvent sureties each for like amount.
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BLAPL No.2529 of 2016
03.08.2016 Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No. 187
of 2016 arising out of Choudwar P.S. Case No.33 of 2016 pending in the Court of learned J.M.F.
C.(R), Cuttack for alleged commission of offences punishable under sections 379/411/414/34 of
the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 2nd Addl. Ses
sions Judge, Cuttack which was rejected on 19.04.2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 23.
03.2016 and in the meantime, after completion of investigation, charge sheet has been submitte
d under section 379/411/414/34 of the Indian Penal Code. He further submits that the offences
are triable by Magistrate and therefore, taking into account the period of detention of the pe
titioner in judicial custody, the bail application of the petitioner may be favourably conside
red.
Learned counsel for the State has produced the case diary and submits that the petitio
ner is involved in other cases of similar nature.
Considering the submissions of learned counsels for the respective parties, the na
ture of accusation against the petitioner, the period of detention of the petitioner in judici
al custody and the fact that the offences are triable by Magistrate, I am inclined to release
the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond o
f Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to
the satisfaction of the Court in seisin over the matter with further terms and conditions as t
he learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.3
2 issues framed by the court
Whether the petitioner, detained for theft-related offences triable by a Magistrate, should be released on bail considering the period of detention.
Whether the petitioner's release on bail is justified given the nature of charges and the completion of investigation.
2 provisions across 2 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court