The High Court granted bail to a petitioner accused under Sections 457/395 IPC, noting the release of co-accused, lack of stolen property recovery, and his local residence, subject to conditions.
Released on bail with bond of Rs.50,000 and two solvent sureties each, subject to conditions of appearance, no tampering, and no new offences.
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BLAPL No.7133 of 2015
8.5.2017
Heard learned counsel for the petitioner and the learned Addl. Standing Counsel for th
e State on the application under section 439 Cr.P.C. for release of the petitioner on bail who
allegedly involved for the offence under sections 457/395 I.P.C.
Learned counsel for the petitioner submits that the co-accused persons have been relea
sed on bail by this Court and there is no stolen property seized from his possession although
he has been identified in the T.I. parade. He further submits hat charge sheet has been submit
ted in the meantime, for which lenient view may be taken to release the petitioner on bail on
any condition as deemed just and proper.
Learned Addl. Standing Counsel opposes the prayer for bail stating that the petitioner
has been identified in the T.I. parade and there are other criminal cases pending against him
.
Considering the submissions of learned counsel for the respective parties, regard being
had to the facts and circumstances of the case including the fact materials as available on r
ecord, fact that there is no recovery of any stolen property from his possession, fact that co
-accused persons have been released on bail, fact that the charge sheet has been submitted, fa
ct that the petitioner being local person there is no chance of her absconding or influencing
the witnesses, let petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (ru
pees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of
the learned Second Additional Sessions Judge, Cuttack in S.T. Case No.315 of 2015 with the c
onditions that (i) The petitioner no.2 shall appear before the court in seisin over the matter
on each date of posting; (ii) he shall not tamper with the prosecution witnesses directly or
indirectly; and (iii) he shall not commit
any offence while on bail. Violation of any of the aforesaid terms shall entail cancellation o
f the bail.
Accordingly, the BLAPL is disposed of.Urgent certified copy of this order be granted on proper application.Dr.D.P.Choudhury, J.2
2 issues framed by the court
Whether the petitioner is eligible for release on bail in a case under Sections 457/395 IPC.
Whether the conditions of bail should be framed for the petitioner.
2 provisions across 2 enactments
Petitioner
State
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court