Application for bail under section 439 Cr.P.C. in a theft case where the petitioner is in judicial custody has been allowed after the Sessions Judge rejected it, given the non-bailable nature of the offence was triable by magistrate and articles were recovered.
Petitioner released on bail with a bond of Rs. 20,000 and two sureties.
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BLAPL No. 1176 of 2019
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.72 of 2018 corresponding to G.R. Case No. 216 of 2018 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, Bolangir 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 and money purse which have 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.
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S.K.Sahoo,J.
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1 issue framed by the court
Whether bail should be granted to the petitioner charged with theft 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
