Allowed

Ananta Kumar Sahu v. State of Odisha

Orissa HC2 Jul 2019BLAPL/832/2019

Case brief

AI extract

What is this about?

This is a bail application under S. 439 Cr.P.C. regarding offences under IPC sections 395/120-B and Arms Act. Rejecting prior bail applications due to discrepancy in stolen amounts and length of custodial detention, and noting a co-accused was on bail, the High Court released the petitioner on a bail bond with two sureties.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties of similar amount.

Ananta Kumar Sahu Vs State of Odisha — Cheating and Forgery | Orissa HC (2019)

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BLAPL No. 832 of 2019

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02.07.2019 Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under Section 439, Cr.P.C. in connection with Baranga P.S. Case No.201 of 2018 corresponding to G.R. Case No.2048 of 2018 pending on the file of learned J.M.F.C.(R), Cuttack for alleged commission of offences under sections 395/120-B of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

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The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Addl. Spl. Judge, Vigilance, Cuttack, which was rejected on 10.01.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 24.12.2018 and charge sheet has already been submitted under sections 395/120-B of the Indian Penal Code read with sections 25 and 27 of the Arms Act. It is further submitted that in the First Information Report which was lodged against unknown persons, it is mentioned that the stolen cash amount was only Rs.8,700/- (rupees eight thousand seven hundred) but during course of investigation, the amount of stolen cash was enhanced and it is stated that Rs.34,00,000/- (rupees thirty four lakhs) which was there in a bag was also stolen by the accused persons during commission of the crime. Learned counsel further submitted that the petitioner was the driver of the vehicle in which the stolen cash was there and absolutely there is no material to show that the petitioner was aware about the contents of the bag. It is further submitted that one of the co-accused, namely, Maniratan Swain has been released on bail by this Court in BLAPL No.4959 of 2019 vide order dated 28.06.2019 and therefore, the bail application of the

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petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, produced the case diary and placed the statement of Subash Chandra Dhal, who has stated that though he had kept a bag of Rs.34,00,000/- in the vehicle but it was not intimated to the occupants of the vehicle. Learned counsel for the State submitted that the petitioner was the driver of the vehicle and it is the prosecution case that he intimated the co-accused persons about the transportation of the money in that bag and he is a facilitator of the crime.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody and release of the co-accused on bail, I 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 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.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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��..�� S.K.Sahoo,J.

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RKM

Ananta Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ananta Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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