Allowed

Babuna@Balaram Sahoo v. State of Odisha

Orissa HC13 Feb 2019BLAPL/7421/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a case regarding alleged commission of offence punishable under section 394 of IPC, considering he was in judicial custody for a significant period. The offence is triable by Magistrate and no clinching material was found on record.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.20,000 with two solvent sureties each for the like amount.

Babuna@Balaram Sahoo Vs State of Odisha — Contract and Commercial Disputes | Orissa HC (2019)

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BLAPL No. 7421 of 2018

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13.02.2019

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Heard learned counsel for the petitioner and the learned counsel for the State.

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This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.1027 of 2018 arising out of Sadar P.S. Case No.232 of 2018 pending in the Court of learned J.M.F.C.(R), Cutack for alleged commission of offence punishable under section 394 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of Sessions Judge, Cuttack which was rejected on 04.12.2018.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since July 2018 and in the meantime, charge sheet has already been submitted and the offence is triable by Magistrate. He further submitted that no clinching material available on record and therefore, taking into account the period of detention of the petitioner in judicial custody, the bail application may be favourably considered. He produced the copies of the bail orders which are taken on record.

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Learned counsel for the State has produced the case diary and there are criminal antecedents against the petitioner.

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Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner and the fact that the offences are triable by Magistrate as well as taking into account the period of detention of the petitioner in judicial custody, I

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am inclined to release the petitioner on bail.

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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.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S. K. Sahoo, J.

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skb

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Babuna@Balaram Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babuna@Balaram Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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