This order grants bail to the petitioner in a criminal matter involving offences under Sections 294, 436, 326, 307, 506, and 34 of the IPC. The petition raised no criminal antecedents and noted the injured party was recovering.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties each for the same amount.
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BLAPL No.2843 of 2017
06.06.2017 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.490 o
f 2017 arising out of Mangalabag P.S. Case No.69 of 2017 pending in the Court of learned S.D.J
.M. (S), Cuttack for offences punishable under sections 294/436/326/307/506/34 of Indian Penal
Code.
The petitioner moved an application for bail before the Court of learned 3rd Addl. Ses
sions Judge, Cuttack which was rejected on 15.04.2017.
Learned counsel for the petitioner submits that the petitioner is in custody since 28.
03.2017 and in the meantime, the investigation has made substantial progress. He further submi
ts that the main allegation is against one Md. Sakhil and the injured is now hale and hearty a
nd he is attending his ordinary pursuits and there is no criminal antecedent against the petit
ioner and therefore, taking into account the period of detention of the petitioner in judicial
custody, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail and placed the injury report
which indicates that the injuries are simple in nature.
Considering the submissions of learned counsels for the respective parties, the
nature of accusation against the petitioner, the injury sustained by the sole injured and taki
ng 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 b
ond of 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 the learned Court may deem just and proper.
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 despite allegations of causing grievous hurt and attempted murder.
2 provisions across 2 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court