Allowed

Gadadhar Swain@Gada v. State of Odisha

Orissa HC17 Apr 2019BLAPL/2168/2019

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding offences under Sections 392/216-A IPC, the High Court released the petitioner on bail after considering the stage of trial, the petitioner's antecedents, and the nature of accusation, despite the State's objection that the petitioner was an absconder.

What did the court decide?

The petitioner is released on bail upon furnishing a bond of Rs. 20,000 with two local solvent sureties.

Gadadhar Swain@Gada Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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BLAPL No. 2168 of 2019

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17.04.2019

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

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This is an application under Section 439 Cr.P.C. in connection with G.R. Case No. 369(A) of 2015 arising out of Balugaon P.S. Case No.171 of 2015 pending in the Court of learned J.M.F.C., Banpur for alleged commission of offences punishable under sections 392/216-A of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Khurda which was rejected on 21.06.2018.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 17.10.2017 and the offences are triable by Magistrate and therefore, the bail application may be favourably considered. He files the comprehensive affidavit relating to the criminal antecedents of the petitioner as per the order dated 02.04.2019 which is taken on record.

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Learned counsel for the State opposed the prayer for bail and submitted that the petitioner was an absconder and in the meantime, trial has commenced and four witnesses have been examined but they have not supported the prosecution case.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, progress of the trial and the fact that the offences are triable by Magistrate as well as taking into account the period of detention of the petitioner in judicial

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custody, 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 bail bond of Rs.20,000.00 (rupees twenty thousand) with two local 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.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S. K. Sahoo, J.

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skb

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Gadadhar Swain@Gada v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gadadhar Swain@Gada 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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Case details

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