Bail application under section 439 Cr.P.C. rejected for petitioner accused under sections 457/380 IPC despite offences being triable by Magistrate, due to his criminal antecedents.
Prayer for bail rejected.
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BLAPL No. 652 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 Cuttack Sadar P.S. Case No.171 of 2018 corresponding to G.R. Case No. 762 of 2018 pending in the Court of learned J.M.F.C., Rural, Cuttack for alleged commission of offences under sections 457/380 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Cuttack by order dated 07.01.2019.
Learned counsel for the State submits that the petitioner has scored a century in the matter of criminal antecedents. In the comprehensive affidavit, it is pointed out that in all those cases, the petitioner is on bail.
Learned counsel for the petitioner submitted that the offence is one under sections 457/380 of the Indian Penal Code, which are triable by Magistrate and therefore, the bail application may be favourably considered.
Learned counsel for the State submitted that after being released on bail in one case, the petitioner is again committing another offence and therefore, he should not be released on bail.
Considering the submissions of the learned counsel for the respective parties, nature of accusation and even though the offences are triable by Magistrate but keeping in
view the criminal antecedents, I am not inclined to release the petitioner on bail. The prayer for bail stands rejected. BLAPL is accordingly dismissed.
…………………..……
PKSahoo
S.K.Sahoo, J.
1 issue framed by the court
Whether the petitioner, considering his criminal antecedents, should be released on bail for offences under sections 457/380 of the Indian Penal Code which are triable by a Magistrate.
1 provisions across 1 enactments
The Petitioner
The State
S.K. Sahoo
As recorded by the court registry
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