Single judge granted bail to the petitioner in a case under the Odisha Excise Act, 2017, despite previous rejection by the Sessions Judge, considering judicial custody duration and substantial investigation progress.
Petitioner released on bail on furnishing bond of Rs.20,000 with two solvent sureties each for Rs.20,000.
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BLAPL No. 3610 of 2019
This is an application under Section 439, Cr.P.C. in connection with Khallikote P.S. Case No.86 of 2019 corresponding to G.R. Case No. 205 of 2019 pending in the file of learned J.M.F.C., Khallikote for alleged commission of offences under section 52(a) of the Odisha Excise Act.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Khallikote vide order dated 16.04.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 08.04.2019, investigation has made substantial progress, the offence is triable by Magistrate and after hearing the 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.
…………………..…… S.K.Sahoo,J.
RKM
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under the Odisha Excise Act where the petitioner was in judicial custody since April 8, 2019.
Whether the condition of substantial progress in investigation permits the grant of bail despite an earlier rejection by the Sessions Judge.
2 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
