The High Court allowed an application for bail under Section 439 Cr.P.C. rejecting the earlier order of the Sessions Judge. Considering the period of custody in a triable-by-magistrate offence, the petitioner was released on bail.
Petitioner to be released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 7365 of 2018
This is an application under Section 439, Cr.P.C. in connection with Jharsuguda P.S. Case No.457 of 2018 corresponding to G.R. Case No. 1304 of 2018 pending in the file of learned S.D.J.M., Jharsuguda for alleged commission of offences under sections 457 and 380 of the Indian Penal Code.
The petitioner moved an application for bail before the court of learned Sessions Judge, Jharsusguda , which was rejected on 23.08.2018.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 05.07.2018, the offences are triable by Magistrate, period of detention in judicial custody and after 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 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 the Court below may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
PKSahoo
1 issue framed by the court
Whether the petitioner deserves bail under Section 439 Cr.P.C. given the duration of judicial custody and the nature of offences being triable by a Magistrate.
2 provisions across 2 enactments
Petitioner
State
PKSahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
