In the absence of counsel for the petitioner and the State due to a cease work call, this court granted bail under section 439 Cr.P.C. to the petitioner, requiring personal appearance on case postings, and disposed of the application. Judgment by D. Dash, J.
Petitioner released on bail in G.R. Case No.01 of 2018 with condition of personal appearance.
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BLAPL No.6364 OF 2018
None appears on behalf of the State. The record in connection with the case has also not been placed.
The petitioner being in custody in connection with G.R. Case No.01 of 2016 arising out of Aska P.S. Case No.143 of 2016 pending in the court of learned Special Judge, Aska running for alleged commission of offence under section 147/148/149/294/380/427/436/354/354B of IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.
On going through the averments made in the petitioner and on perusal of the order passed by the learned Special Judge, Aska on 29.08.2018 passed in G.R. No.01 2016; further keepin in view the period of detention of the petitioner in custody and other surrounding circumstances, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case with a further condition that the petitioner shall appear in person on every date of posting of the said case.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Basu
1 issue framed by the court
Whether the petitioner, in custody for IPC offences, is entitled to bail under section 439 of the Cr.P.C.
2 provisions across 2 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
