19.05.2016 Heard learned counsel for the petitioners and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.177 o
f 2016 arising out of Khurda P.S. Case No.80 of 2016 pending in the Court of learned S.D.J.M.,
Khurda for offence punishable under sections 392/34 of the Indian Penal Code.
The petitioners moved an application for bail before the Court of learned 2nd Addl. Se
ssions Judge, Khurda which was rejected on 10.05.2016.
Learned counsel for the petitioners submits that the petitioners are in custody since
19.04.2016 and in the meantime, the investigation has made substantial progress. He further su
bmits that the case arises out of a complaint petition and the offence is triable by Magistrat
e and there is delay in filing the complaint petition and therefore, taking into account the p
eriod of detention of the petitioners in judicial custody, the bail application of the petitio
ners may be favourably considered.
Learned counsel for the State has opposed the prayer for bail.
Considering the submissions of learned counsels for the respective parties, the na
ture of accusations against the petitioners, inordinate delay in filing the complaint petition
and the fact that the offence is triable by Magistrate and also taking into account the perio
d of detention of the petitioners in judicial custody, I am inclined to release the petitioner
s on bail.
