The High Court granted bail to the applicant under Section 439 Cr.P.C. in a case involving an offence under Section 307 IPC, releasing them pending trial subject to furnishing a bail bond and sureties.
The petitioner was released on bail on furnishing a bail bond of Rs.20,000 with two solvent sureties each for Rs.20,000.
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BLAPL No. 3611 of 2019
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
This is an application under Section 439, Cr.P.C. in connection with Tentulikhunti P.S. Case No.14 of 2018 corresponding to C.T. Case No. 18 of 2019 pending in the file of learned Asst. Sessions Judge, Nabarangpur for alleged commission of offence under section 307 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Nabarangpur, which was rejected on 16.04.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 29.03.2019 and he has been charge sheeted under section 307 of the Indian Penal Code, the injury report of injured J. Bharat indicates that he has sustained four simple injuries and though the informant stated in the F.I.R. that advice was given to shift the injured to S.C.B. Medical College & Hospital, Cuttack but charge sheet does not indicate that the injured has at any point of time has been shifted to the S.C.B. Medical College & Hospital, Cuttack and therefore, the bail application may be favourably considered.
Learned counsel for the State has opposed the prayer
for bail.
Considering the submissions made by the learned counsel for the respective parties and after going through the injury report, F.I.R., statements of the witnesses and charge sheet, 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
2
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 subject to condition that the petitioner shall not try to tamper with the evidence and he shall also appear before the learned trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions shall entail cancellation of bail.
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 granted bail in a case u/s 307 IPC where the injury report does not indicate discharge to a higher hospital.
Whether the Court may direct release of the petitioner on bail subject to standard conditions and a fixed bond amount.
2 provisions across 2 enactments
Petitioner
State
Informant
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
