In this bail application under Cr.P.C. s. 439 for offences under IPC and Explosive Substances Act, the Sessions Judge denied bail due to the petitioner's extensive prior criminal record but granted liberty to renew the application after substantial trial progress.
Bail denied; liberty granted to renew prayer after substantial trial progress.
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BLAPL No. 7705 OF 2016
04. 16.01.2017 The petitioner having been in custody in Ghauliaganj P.S. Case No. 213
of 2015 corresponding to S.T. Case No. 136 of 2016 on the file of learned 2nd Addl. Sessions
Judge, Cuttack for alleged commission of offence under section 387/120-B/34 of IPC read with s
ection 3, 4 and 5 of the Explosive Substances Act, has filed this application under section 43
9 of Cr.P.C. for his release of bail.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
Considering the submissions and upon going through the materials available on
record particularly the longstanding criminal track record of the petitioner showing his prior
involvement in 17 nos. of such other cases including those of the recent past, some of which
are at the stage of hearing, I am not inclined to accept the submission of learned counsel for
the petitioner that at this stage of the trial, he deserves to be released on bail. However,
considering the submission that the trial court is in progress; liberty is granted to the peti
tioner to renew his prayer after substantial progress of the trial.
The BLAPL is accordingly disposed of. Urgent certified copy of this
order be granted on proper application.
D. Dash, J.
// 2 //
2 issues framed by the court
Whether the petitioner, with a longstanding prior criminal track record, deserves bail at this stage of the trial.
Whether the petitioner is granted liberty to renew the bail application after substantial progress of the trial.
3 provisions across 3 enactments
Petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court