Allowed

Rangalal Saini v. State of Odisha

Orissa HC8 Mar 2019BLAPL/1238/2019

Case brief

AI extract

What is this about?

On a bail application under Section 439 CrPC, the High Court granted bail to the petitioner accused of cheating and related offences. The court considered the nature of charges, investigation status, and custody duration. Bail was granted on a bond with two sureties, conditioned on cooperation with the investigation.

What did the court decide?

Petitioner released on bail on a bond of Rs. 20,000 with two solvent sureties each for Rs. 20,000, subject to conditions of cooperation.

Rangalal Saini Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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BLAPL No. 1238 of 2019

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02. 08.03.2019

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under Section 439, Cr.P.C. in connection with Malgodown P.S. Case No.253 of 2018 corresponding to G.R. Case No. 2350 of 2018 pending in the file of learned S.D.J.M.(S), Cuttack for alleged commission of offences under sections 420, 468, 471, 473/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the court of learned Sessions Judge, Cuttack, which was rejected on 01.02.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 11.12.2018 and charge sheet has already been submitted under sections 420, 468, 471, 473/34 of the Indian Penal Code keeping the investigation open, the offences are triable by Magistrate, the petitioner is ready and willing to cooperate with the investigation and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the case diary and opposed the prayer for bail and submitted that some important documents have been seized from the possession of the petitioner which shows his involvement in the crime.

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Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, period of detention of the petitioner in judicial custody and the fact that the offences are triable by Magistrate, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty

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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 learned Court may deem just and proper subject to condition that the petitioner shall appear before the Investigating Officer as and when necessary in connection with the further investigation of the case and cooperate with the same.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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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.

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RKM

Rangalal Saini v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rangalal Saini v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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