The court granted bail to the petitioner in a case under Section 439 Cr.P.C. involving offences of murder and possession of arms, directing appearance once a week.
Petitioner released on bail with a bond of Rs. 20,000 and two sureties for like amount.
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BLAPL No.2791 of 2017
06.06.2017 Heard the learned counsel for the petitioner and learned counsel for the State
This is an application under Section 439 Cr.P.C. in connection with G.R. Case
No. 317 of 2013 arising out of Khaprakhol P.S. Case No.68 of 2013 pending in the Court of lear
ned S.D.J.M., Patnagarh for offence punishable under section 395 of the Indian Penal Code and
sections 25 and 27 of the Arms Act.
The petitioner moved an application for bail before the learned Additional Ses
sions Judge, Patnagarh which was rejected on 29.03.2017.
Learned counsel for the petitioner submits that the petitioner is in custody s
ince 28.03.2017, charge sheet has already been submitted and except the confessional statement
of co-accused, there is no other material against the petitioner and therefore, the bail appl
ication may be favourably considered.
Learned counsel for the State submits that the case is of the year 2013 and ch
arge sheet was submitted showing the petitioner as an absconder.
Considering the submissions made by the learned counsels for the respective pa
rties, nature of accusation against the petitioner and the period of detention of the petition
er 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 bai
l bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like am
ount to the
satisfaction of the Court in seisin over the matter with further terms and conditions as the l
earned Court may deem just and proper. The
petitioner shall appear before the Khaprakhol Police Station once in a week on every Sunday in
between 4 p.m. to 6 p.m. till conclusion of the trial. Violation of any terms and conditions
imposed either by this Court or by the learned Court in seisin over the matter, the bail bond
shall be liable to be cancelled.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
2
1 issue framed by the court
Whether the petitioner should be released on bail in a murder and arms offence.
3 provisions across 3 enactments
Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court