Single judge granted bail to a local accused with three antecedents in a cheating and cyber offence case, setting cash and bond security of Rs.20,000 each with two sureties.
Petitioner released on bail on furnishing cash security of Rs.20,000 and bail bond of Rs.20,000 with two solvent sureties each for the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.2038 of 2019
This is an application under Section 439 Cr.P.C. in connection with C.T. Case No.1026 of 2018 arising out of Jajpur Sadar P.S. Case No.198 of 2018 pending in the Court of learned S.D.J.M., Jajpur for offences punishable under sections 379/420/34 of the Indian Penal Code and section 66(C) and 66(D) of the Information Technology Act.
The petitioner moved an application for bail before the learned Addl. Sessions Judge, Jajpur which was rejected on 22.02.2019.
Learned counsel for the petitioner files a comprehensive affidavit indicating therein that the petitioner has got three criminal antecedents. It is stated that the petitioner is in judicial custody since 23.01.2019 and in the meantime, after completion of investigation, charge sheet has been submitted under sections 379/420/34 of the Indian Penal Code and sections 66(C) and 66(D) of the Information Technology Act. It is further submitted that the petitioner is a local person and there is no chance of absconding and therefore, the bail application may be favourably considered.
Learned counsel for the State opposed the prayer for bail and submitted that the amount of cheating is Rs.76,000/- (rupees seventy six thousand) which is yet to be recovered from the three accused persons who are involved in the case.
2
Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner and 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 cash security of Rs.20,000/(rupees twenty thousand) and also bail bond of Rs.20,000/(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 cash security, if deposited, shall be kept in short term fixed deposit in any Nationalized Bank which shall be renewed from time to time till conclusion of the trial. Violation of any of the terms and conditions fixed shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
sisir
………………….. S. K. Sahoo, J.
3
4
5
2 issues framed by the court
Whether the petitioner should be released on bail pending trial given his criminal antecedents and the amount involved.
Whether the petitioner is likely to abscond considering he is a local person holding judicial custody since January 2019.
3 provisions across 3 enactments
Petitioner
State
Sisir Kiran Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
