The High Court granted bail to the petitioner in a case involving offences under Sections 457/380 IPC. The court noted the minor nature of the offence, absence of criminal history, submission of charge sheet, and lack of flight risk.
The petitioner be released on bail on furnishing a bond of Rs.50,000 with two sureties each for the like amount.
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.8244 of 2016
02. 06.01.2017 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 457/380 of the IPC.
2. Learned counsel for the petitioner submits that the offences alleged a
gainst the petitioner are triable by Magistrate First Class and minor in nature. He further su
bmits that there is a only seizure of Rs.10,000/- from the possession of the petitioner withou
t having nexus of the same to show that the same is stolen money and in the meantime charge sh
eet has been submitted for which lenient view may be taken to release the petitioners on bail
on any condition as deemed just and proper. Learned State Counsel opposes 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 nature of offence
and allegation, which is minor in nature and triable by Magistrate First Class, fact that the
re being no criminal antecedent of the present petitioner, fact that in the meantime charge ha
s already submitted and the 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 furn
ishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for th
e like amount to the satisfaction of the learned J.M.F.C., Aul in G.R. Case No.475 of 2016 wit
h the condition that (1) The petitioner shall appear before the trial Court on each and every
date of posting; (ii) he shall not tamper with the prosecution witnesses directly or indirectl
y 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 -
2 issues framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C.?
Whether the minor nature of the offence and lack of criminal antecedents justify bail?
3 provisions across 2 enactments
BLAPL No.8244 of 2016
State
D.P. Choudhury
Basu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court