This single-judge order granted bail to the petitioner under Section 439 Cr.P.C. in a cheating and forgery case. The court rejected bail by the Sessions Judge as it was triable by a Magistrate.
Petitioner released on bail upon furnishing bond of Rs. 20,000 with two soluble sureties and complying with reporting conditions every Sunday.
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. 3326 of 2019
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. for grant of bail to the petitioner in connection with Mohana P.S. Case No.42 of 2018 corresponding to G.R. Case No. 45 of 2018(A) pending in the Court of learned J.M.F.C., Mohana for offences punishable under sections 457/380 /34 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Addl. Sessions Judge, R. Udayagiri which was rejected on 02.04.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 15.02.2019 and the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State who stated that there are three criminal antecedents against the petitioner, I am inclined to release the petitioner on bail.
skb
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 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 petitioner shall appear before the I.I.C., Mohana Police Station once in a week on every Sunday in between 4.00 p.m. to 6.00 p.m. for a period of three
2
months from the date of release and violation of any terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.K.Sahoo,J.
skb
2
3
3
4
4
1 issue framed by the court
Whether bail should be granted to the petitioner despite criminal antecedents given the nature of the offence being triable by a Magistrate.
4 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
