The Court disposed of an application for bail under section 439 Cr.P.C. regarding charges of waging war and sedition. Considering the acquittal of co-accused and duration of detention, the Court granted bail pending trial.
Petitioner to be released on bail by furnishing a bond of Rs.50,000/ with two local sureties for the like amount.
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BLAPL No. 1200 of 2019
This is an application under section 439 Cr.P.C. in connection with Raghunathpur P.S. Case No.59 of 2008 corresponding to G.R. Case No. 514(f) of 2008 pending in the file of learned S.D.J.M., Jagatsinghpur for alleged commission of offence under sections 121, 121(A), 123, 124(A) of the Indian Penal Code and section 17 of Crl. Law Amendment Act.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Jagatsinghpur vide order dated 28.01.2019.
Learned counsel for the petitioner submitted that the petitioner approached this Court in an application under section 482 Cr.P.C. challenging the order of issuance of nonbailable warrant of arrest against him in connection with G.R. Case No. 514(f) of 2008 pending before the learned S.D.J.M., Jagatsinghpur and this Court as per order dated 04.12.2018 directed the petitioner to surrender in the Court below and move an application for bail. In pursuance of such order, the petitioner surrendered in the Court below on 28.01.2019 and moved for bail, which was ultimately rejected by the learned Addl. Sessions Judge, Jagatsinghpur in Bail Application No.24 of 2019. It is submitted by the learned counsel for the petitioner that some of the co-accused persons have already faced trial in the Court of learned Addl. Sessions Judge, FTC, Jagatsinghpur in C.T.No.127/34 of 2009 as well as before learned Addl. Sessions Judge, Jagatsinghpur in C.T.Case No.12 of 2015 and they have been acquitted of all the charges. Copies of the judgments are filed in the other bail application of the co-accused i.e. in BLAPL No.1195 of 2019. It
is submitted that there are good chance of success in the case and balance of convenience is in his favour and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, submitted that the occurrence relates to the year 2008 and the petitioner was an absconder and once he is enlarged on bail, it would be difficult to ensure his attendance at the time of trial.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, acquittal order passed in respect of the coaccused persons 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.50,000/- (rupees fifty thousand) with two local sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter and with further conditions that he shall appear before the learned trial Court on each date to which the case would be posted for trial.
Violation of any of the terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..……
PKSahoo
S.K.Sahoo,J.
PKSahoo
2 issues framed by the court
Whether the petitioner, an absconder charged with serious offenses including waging war, should be released on bail after acquittal of co-accused and nature of accusation requires it.
Whether the balance of convenience favors the petitioner's release on bail considering his period of detention and chances of success.
2 provisions across 2 enactments
Petitioner
State
PK Sahoo
SK Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
