High Court allowed bail application under Section 439 Cr.P.C. filed against petitioners accused under sections 457, 380, and 34 of the IPC, considering substantial investigation progress and magisterial trial. Petitioners granted bail with bond and sureties.
Petitioners released on bail on furnishing bond of Rs.20,000 with two local sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.3918 of 2017
01.6.2017
Heard learned counsel for the petitioners and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.572 o
f 2017 arising out of Cuttack Sadar P.S. Case No.110 of 2017 pending in the Court of learned J
.M.F.C. (R), Cuttack for offences punishable under sections 457/380/34 of the Indian Penal Cod
e.
The petitioners moved an application for bail before the Court of learned Sessions Jud
ge, Cuttack which was rejected on 22.5.2017.
Learned counsel for the petitioners submits that the petitioners are in custody since
11.04.2017 and the investigation has made substantial progress and the offences are triable by
Magistrate and therefore, taking into account the period of detention of the petitioners in j
udicial custody, the bail application of the petitioners may be favourably considered.
Learned counsel for the State has produced the case diary and opposed the prayer for b
ail.
Considering the submissions of learned counsels for the respective parties, the natu
re of accusation against the petitioners, the period of detention of the petitioners in judici
al custody and the fact that the offences are triable by Magistrate, I am inclined to release
the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing bail
bond of
Rs.20,000.00 (rupees twenty thousand) each with two local sureties each for the like a
mount to the satisfaction of the Court in seisin over the matter with further terms and condit
ions as the learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order is granted on proper application.
S.K.Sahoo, J.
Vacation Judge
2
2
1 issue framed by the court
Whether bail should be granted to petitioners accused of offences under sections 457/380/34 of the IPC.
2 provisions across 2 enactments
Petitioners
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court