Allowed

Manoj Sandha v. State of Orissa

Orissa HC2 Jun 2017BLAPL/2623/2017

Case brief

AI extract

What is this about?

This application seeks bail in a counter case pending before the Sessions Judge. The petitioner argued there was no specific accusation against him and the case stemmed from a political dispute, noting co-accused had already been granted bail. The Court, considering the political background and absence of overt acts, allowed bail.

What did the court decide?

Petitioners released on bail by furnishing a bond of Rs.20,000 with two solvent sureties for the like amount.

This is an application under Section 439 Cr.P.C. in connection with G.R. Case No. 486 of 2017 arising out of Rengali P.S. Case No.25 of 2017 pending in the Court of learned S.D.J.M., Sambalpur for offences punishable under sections 450/395/436/427 of the Indian Pena l Code.

Learned counsel for the petitioner submits that it is a case and counter case and there is no specific accusation against the petitioner and due to political dispute, the c ase has been foisted. He further submits that the petitioners are in custody since 05.04.2017 and in the F.I.R., the petitioners have not been named as an accused and therefore, the bail a pplication of the petitioners may be favourably considered. He further submits that co-accused persons have already been granted bail by this Court in BLAPL Nos.2291 of 2017 and 2372 of 20 17. He files the copies of the bail orders which are taken on record. Learned counsel for the State has produced the case diary and placed the state ment of one Titula Kisan and fairly submits that the case diary reveals about the political di spute between the parties which has been stated by Salma Banu. Consid ering the submissions made by the learned counsels for the respective parties, the nature of a ccusation against the petitioners, political background of the case and absence of any

specific overt act against the petitioners and the period of detention of the petitioners in j udicial custody, I am inclined to release the petitioners on bail. Let the petitioners be released on bail in the aforesaid case on furnishing ba il bond of Rs.20,000.00 (rupees twenty thousand) each with two solvent sureties each for the l ike amount to the satisfaction of the Court in seisin over the matter with further terms and c onditions as the learned Court may deem just and proper.

Manoj Sandha v. State of Orissa

Case brief

What is this about?

What did the court decide?

Manoj Sandha v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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