Allowed

Ajoy Kumar Nayak v. State of Orissa

Orissa HC5 Apr 2016BLAPL/472/2016

Case brief

AI extract

What is this about?

This judgment grants bail to the petitioner in a case involving sections 457/380 of the IPC. The Court considered the petitioner's long detention, the magistrate triable nature of the offence, and the reliance of the case solely on a co-accused's confessional statement.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties for the like amount subject to court-deemed conditions.

This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.487 o f 2015 arising out of Chauliaganj P.S. Case No.56 of 2015 pending in the Court of learned J.M. F.C., Cuttack for offences punishable under sections 457/380 of IPC.

Learned counsel for the petitioner submits that the petitioner is in custody since Aug ust, 2015 and he has been implicated in the case on the basis of confessional statement of the co-accused and the offences are triable by Magistrate and therefore taking into account the p eriod of detention of the petitioner in judicial custody, the bail application of the petition er may be favourably considered.

Learned counsel for the State produced the case diary but does not dispute that the on ly material available against the petitioner is the confessional statement of the co-accused. Considering the submissions made by the respective parties, the nature of accusation a gainst the petitioner, period of detention of the petitioner in judicial custody and the fact that the offences are triable by Magistrate and only material available against the petitioner is the confessional statement of the co-accused, I am inclined to release the petitioner on b ail.

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.

Ajoy Kumar Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

Ajoy Kumar Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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