The Single Judge allowed the bail application under Section 439 Cr.P.C., releasing the accused on bond after noting the submission that the case is triable by a Magistrate and the stolen property was already seized.
Petitioner released on bail bond of Rs. 20,000 with two solvent sureties each for the same amount.
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BLAPL No. 4555 of 2018
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Sambalpur Town P.S. Case No.452 of 2017 corresponding to G.R. Case No.3741 of 2017 pending in the Court of learned S.D.J.M., Sambalpur for offence punishable under section 394 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Addl. Sessions Judge -cum- Special Judge (Vig.), Sambalpur which was rejected on 20.03.2018.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in custody since 26.12.2017 and in the meantime, charge sheet has been submitted under section 394 of the Indian Penal Code and the fact that the offence is triable by Magistrate and the stolen electric fore core wire has already been seized on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000/(Rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
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Urgent certified copy of this order be granted on proper application.
………………… S.K.Sahoo,J.
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1 issue framed by the court
Whether the petitioner should be granted bail in the chargesheeted case under Section 394 IPC.
2 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
