The court granted bail to the petitioner under Section 439 Cr.P.C. in a case involving the Explosive Act, noting the absence of direct material against him and the risk of absconding as low due to his local status.
Petitioner released on bail bond of Rs. 50,000 with two solvent local sureties each for the like amount.
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BLAPL No.7788 of 2016
03. 05.01.2017 Heard learned counsel for the petitioner and t
he learned State Counsel on the application under Section 439 Cr.P.C. for release of the petit
ioner bail who allegedly involved with the offence under Sections 4 and 5 of the Explosive Act
.
2. Learned counsel for the petitioner submits that there is no direct mat
erial against the present petitioner and nothing has been seized from his possession except th
e bald allegation about his involvement in the maoist organization. He further submits that in
the meantime charge sheet has been submitted for which lenient view may be taken to release
the petitioner on bail on any condition as deemed just and proper. Learned State Counsel oppos
es the prayer for bail.
3. Considering the submissions of learned counsel for the respective parti
es regard being had to the facts and circumstances of the case including the statement of the
witness and other material, which does not show the complicity of the petitioner with the comm
ission of offence, as alleged, fact that in the meantime charge sheet has been submitted and t
he fact that the petitioner, being a local, persons there is no chance of his absconding or ta
mpering with the prosecution witness, let the petitioner be released on bail on furnishing bai
l bond of Rs.50,000.00 (rupees fifty thousand) with two solvent local sureties each for the li
ke amount to the satisfaction of the learned J.M.F.C., Bisamcuttack in G.R. Case No.44/16 with
the condition that (1) The petitioner 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 i
ndirectly and (iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of t
he bail.
Accordingly the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
.........................
Dr.D.P.Choudhury,J
Basu
- 2 -
1 issue framed by the court
Whether the petitioner should be released on bail given the lack of direct material and the submission of the chargesheet.
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