Allowed

Prakash Chandra Nathsharma v. State of Orissa

Orissa HC7 Apr 2016BLAPL/922/2016

Case brief

AI extract

What is this about?

On an application under Section 439 Cr.P.C. regarding alleged offence under Sections 379/34 IPC, the Court found the offence triable by a Magistrate. Considering the nature of accusation and the period of detention in custody, the Court allowed bail on furnishing a bond of Rs. 20,000 with two solvent sureties.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 20,000 with two solvent sureties each for Rs. 20,000.

Prakash Chandra Nathsharma Vs State of Orissa — Bail and Remand | Orissa HC (2016)

¶1

BLAPL No.922 of 2016
07.04.2016 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. 586
of 2015 arising out of Paradeep Luck P.S. Case No.98 of 2015 pending in the Court of learned J
.M.F.C., Kujanga for alleged commission of offence punishable under section 379/34 of the Indi
an Penal Code.

¶2

 The petitioner moved an application for bail before the Court of learned Sessions Judg
e, Jagatsinghpur which was rejected on 28.01.2016.
 Learned counsel for the petitioner files a copy of the comprehensive affidavit which i
s taken on record. He submits that the petitioner is in custody since 06.10.2015 and in the me
antime, after completion of investigation, charge sheet has been submitted under section 379/3
4 of the Indian Penal Code. He further submits that the offence is triable by Magistrate and t
herefore taking into account the period of detention of the petitioner in judicial custody, th
e bail application of the petitioner may be favourably considered.

¶3

Learned counsel for the State has produced the case diary and opposes the prayer for b

¶4

ail.

¶5

 Considering the submissions of the learned counsels for the respective parties, the na
ture of accusation against the petitioner and taking into account the period of detention of t
he petitioner in judicial custody, I am inclined to release the petitioner on bail.

¶6

 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.

¶7

 Accordingly, the BLAPL is disposed of.

¶8

Urgent certified copy of this order be granted on proper application.

¶9

Prakash Chandra Nathsharma v. State of Orissa

Case brief

What is this about?

What did the court decide?

Prakash Chandra Nathsharma v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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