Bhima Majhi Vs State of Odisha

BLAPL No. 7371 of 2018

21.12.2018 Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under Section 439 Cr.P.C. in connection with Rayagada P.S.Case No.231 of 2018 corresponding to G.R. Case No.507 of 2018 pending before learned S.D.J.M., Rayagada for alleged commission of offences under sections 379/34 of the Indian Penal Code and section 12 of the Orissa Mines and Mineral (Prevention of Theft Smuggling Activities) Act, section 27(3)(b) of Orissa Forest Act and section 21 of Orissa Timber and other Forest Product Transit Rule, 1980.

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Learned counsel for the petitioners submitted that petitioner no.1 is the driver and petitioner no.2 is the helper of the Truck in question and the offences are triable by Magistrate and they are in judicial custody since 31.10.2018 and therefore, the bail application of the petitioners may be favourably considered.

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Learned counsel for the State opposed the prayer for

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bail.

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Considering submissions made by the learned counsels for the respective parties, nature of accusations against the petitioners, and taking into account the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each 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 learned Magistrate deems fit and proper.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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��..�� S.K.Sahoo, J. PKSahoo

Bhima Majhi v. State of Odisha

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Bhima Majhi v. State of Odisha

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