The court granted bail to the petitioner accused of an offense under Section 394 IPC. Considering non-identification in the TIDP and submission of the charge-sheet, a fixed bail bond of Rs.20,000 with two sureties was directed.
Petitioner released on bail on furnishing a bond of Rs.20,000 with two solvent sureties each for the like amount.
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BLAPL No. 6979 of 2018
This is an application under Section 439, Cr.P.C. in connection with Dhenkanal (Sadar) P.S.Case No.164 of 2018 corresponding to G.R. Case No. 475 of 2018 pending in the file of learned S.D.J.M., Dhenkanal for alleged commission of offences under section 394 of the Indian Penal Code.
The petitioner moved an application for bail before the court of learned Sessions Judge, Dhenkanal, which was rejected on 21.08.2018.
Learned counsel for the petitioner submitted that the F.I.R. was lodged against unknown persons and during the course of investigation, the petitioner was taken on remand in this case on 01.06.2018 and he was placed in the Test Identification Parade, but not identified. He further submitted that in the meantime charge-sheet has already been submitted under section 394 of the Indian Penal Code and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and does not dispute about non-identification of the petitioner in the Test Identification Parade as well as submission of the charge-sheet.
Considering the submissions made by the learned counsels for the respective parties, nature of accusation against the petitioner, absence of Test Identification Parade and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid
case on furnishing a 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 conditions as deemed fit and proper. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K.Sahoo, J.
PKSahoo
1 issue framed by the court
Whether the petitioner is eligible for bail under Section 439 Cr.P.C. given the nature of the charge and period of detention.
2 provisions across 2 enactments
The Petitioner
The State
S.K.Sahoo
As recorded by the court registry
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