Bail application filed under Section 439 Cr.P.C. for release of petitioner accused of offences under IPC and Arms/Explosive Acts. Court granted bail on Rs. 50,000 bond with conditions.
Petitioner released on bail on furnishing bond of Rs. 50,000 with two solvent sureties each for the like amount.
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BLAPL No.8130 of 2016
02.01.2017 Heard learned counsel for the petitioner and the learned Additional Standing C
ounsel for the State on the application under section 439 Cr. P.C. for release of the petition
er on bail who allegedly involved for the offence under Section 399/402 of IPC and Section 25
of Arms Act read with Sections 4 and 5 of Explosive Substance Act.
Learned counsel for the petitioner submits that there is no any recovery of stolen mat
erial from the possession of the present petitioner and the charge sheet has been submitted sh
owing absconder although he is a local person and always available in his house, for which len
ient view may be taken to release the petitioner on bail on any condition as deemed just and p
roper. Learned Addl. Standing Counsel opposes the prayer for bail.
Considering the submissions of learned counsel for the respective parties, regard being
had to the facts and circumstances of the case including the fact that there is no recovery o
f any stolen material from the possession of the present petitioner, fact that charge sheet in
this case has been filed and fact that the petitioner being a local person there is no chance
of his absconding or influencing the witnesses, let the petitioner be released on bail on fur
nishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for t
he like amount to the satisfaction of the learned SDJM(S), Cuttack in G.R. Case No.958 of 201
4 with the conditions that (i)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 directl
y or indirectly; and(iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of the bail.
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 for the offences under Section 399/402 of IPC and relevant Arms/Explosive Acts.
3 provisions across 3 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court