Bail application under Section 439 Cr.P.C. in Barbil P.S. Case No. 173 of 2018 for Section 392 IPC offense. Court allowed bail citing seized stolen truck, nature of offense triable by Magistrate, and custody since 04.12.2018.
Petitioner released on bail upon furnishing bond of Rs. 20,000 with two solvent sureties for the like amount.
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BLAPL No. 8045 of 2018
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Barbil P.S. Case No.173 of 2018 corresponding to G.R. Case No.647 of 2018 pending in the Court of learned J.M.F.C., Barbil for offence punishable under section 392 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Addl. Sessions Judge, Champua which was rejected on 18.12.2018.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in custody since 04.12.2018 and the stolen truck has already been seized and the fact that 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 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 terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.K.Sahoo,J.
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1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. in connection with Section 392 IPC.
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
