Allowed

Modi@Madan Sahoo v. State of Orissa

Orissa HC6 Apr 2016BLAPL/686/2016

Case brief

AI extract

What is this about?

The court allowed a bail application under Section 439 CrPC. The petitioner was in judicial custody for a riot-related omnibus FIR. Considering the nature of allegations, co-accused release, and detention period, the court granted bail with a bond of Rs. 20,000.

What did the court decide?

Petitioner released on bail in G.R. Case No. 632 of 2015 on furnishing a bail bond of Rs. 20,000 with two solvent sureties.

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. 632 of 2015 arising out of Salipur P.S. Case No.161 of 2015 pending in the Court of learned J.M.F. C., Salipur for alleged commission of offences punishable under sections 147/148/323/294/506/4 27/436/ 379/353/332/149 of the Indian Penal Code and section 7 of Criminal Law (Amendment) Act , 1932.

The petitioner moved an application for bail before the Court of learned 1st Addl. Ses sions Judge, Cuttack which was rejected on 25.01.2016. Learned counsel for the petitioner submits that the petitioner is in custody since 13. 11.2015 and the allegations against the petitioner are omnibus in nature and it is stated in t he FIR that more than 200 persons entered inside the Ashram and committed certain overt acts. He further submits that the charge sheet has been submitted under sections 147/148/323/294/506 /427/436/ 379/353/332/149 of the Indian Penal Code and section 7 of Criminal Law (Amendment) Act, 1932. He further submits that one of the co-accused namely Pabani @ Gobinda Sahoo has a lready been released on bail by this Court in BLAPL No. 518 of 2016 and the petitioner stands in similar footing.

case diary and submits that the allegations are omnibus in nature. Considering the submissions of learned counsels for the respective parties, the nature of accusation against the petitioner, submissions of the charge sheet in the meantime, releas e of co-accused on bail and taking into account the period of detention of the petitioner in judicial custody, 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.

Modi@Madan Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

Modi@Madan Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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