Single judge allowed bail under Section 439 Cr.P.C. in a case involving offences under IPC 457, 395 and Arms Act 25, 27, noting the absence of a Test Identification Parade and lack of clinching material against the petitioner.
Petitioner released on bail by furnishing a bond of Rs.20,000 with two solvent sureties.
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BLAPL No. 319 of 2019
This is an application under Section 439, Cr.P.C. in connection with Biridi P.S. Case No.112 of 2017 corresponding to G.R. Case No. 1215 of 2017 pending in the file of learned S.D.J.M., Jagatsinghpur for alleged commission of offences under sections 457, 395 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.
The petitioner moved an application for bail before the court of learned Addl. Sessions Judge, Jagatsinghpur, which was rejected on 25.08.2018.
Learned counsel for the petitioner submitted that the petitioner was taken on remand in the case on 19.03.2018, charge sheet has been submitted under sections 457, 395 of the Indian Penal Code read with sections 25 and 27 of the Arms Act. Even though the First Information Report was lodged against unknown persons but after the petitioner was taken on remand, neither he was placed in the Test Identification Parade to establish his complicity in the alleged crime nor there is any other clinching material available on record against him and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary. After verification of the same, he does not dispute that no T.I. Parade has been conducted in respect of the petitioner.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, period of detention in judicial custody and fact that
no T.I. Parade has been conducted in the case, 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.20,000/- (rupees twenty 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.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K.Sahoo,J.
RKM
1 issue framed by the court
Whether the applicant should be released on bail considering no Test Identification Parade was conducted and lack of clinching material despite being on remand.
3 provisions across 3 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
