The High Court disposed of a bail application under section 439 Cr.P.C. The court observed the offence is triable by a Magistrate and the stolen article has been recovered, and ordered the petitioner's release on bail upon furnishing a bond.
Order that the Petitioner be released on bail on furnishing a bail bond of Rs.20,000 with two solvent sureties.
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BLAPL No. 1173 of 2019
2. 18.03.2019 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. for grant of bail to the petitioner in connection with Bolangir Town P.S. Case No.433 of 2017 corresponding to G.R. Case No. 1087 of 2017 pending in the Court of learned S.D.J.M., Bolangir for offence punishable under section 379 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Sessions Judge, Balangir which was rejected on 15.01.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 06.12.2018 and the allegation against the petitioner is the commission of theft of a mobile phone which has already been seized and on hearing the learned counsel for the State and since the offence is triable by Magistrate, 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.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the 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.
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 bail should be granted to the petitioner in the case of theft punishable under section 379 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
