The High Court allowed bail to the applicant in an IPC 379/34 case. The Court granted relief despite a previous rejection by the Sessions Judge, considering that the offence is triable by a Magistrate, the truck was seized, and co-accused were on bail.
Release on bail by furnishing a bond of Rs. 20,000/- with two solvent sureties each for the like amount.
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BLAPL No. 3293 of 2019
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439, Cr.P.C. in connection with Kutra P.S. Case No. 7 of 2019 corresponding to G.R. Case No. 45 of 2019 pending in the file of learned J.M.F.C., Rajgangpur for alleged commission of offences under sections 379/34 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Asst. Sessions Judge, Rajgangpur vide order dated 02.04.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 05.02.2019, the offence is triable by Magistrate, the truck loaded with coal has already been seized, co-accused has been released on bail and after hearing learned counsel for the State, 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.
RKM
S.K.Sahoo,J.
2 issues framed by the court
Whether the petitioner is entitled to release on bail in a non-bailable offence triable by Magistrate where co-accused have been released.
What conditions are necessary for granting bail in the present case.
2 provisions across 2 enactments
The Petitioner
The State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
