Single judge allowed bail to the petitioners in a case involving offences under Sections 272/273 of the I.P.C. read with Section 52(a) of the Odisha Excise Act, 2008, citing no criminal antecedents. The court dismissed the bail application.
The quantum of bail was left to the discretion of the JMFC, Khallikjote.
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BLAPL No.9091 of 2019
Heard learned counsel for the petitioners and the learned Additional Standing Counsel for the State.
The petitioners are in custody for alleged commission of offences punishable under Sections 272/ 273 of the I.P.C. read with Section 52(a) of the Odisha Excise Act, 2008 in G.R. Case No.631 of 2019, of the court of the learned J.M.F.C., Khallikjote, arising out of Khallikote P.S. Case No.265 of 2019.
No criminal antecedent of the petitioners is reported by the investigating officer. None of the offences alleged against the petitioners is prescribed with terms of imprisonment exceeding seven years. Moreover, the petitioners are permanent residents of village-Kodala, Gouda Sahi, P.S.- Kodala, in the district of Ganjam. Hence, there is no reasonable apprehension of his absconding from the process of justice. There is also no allegation on behalf of the prosecution that the petitioners shall tamper the prosecution evidence, if they are released on bail.
In view of the aforesaid considerations, the application for bail of the petitioners is allowed. Let the petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned J.M.F.C., Khallikjote.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S. K. Mishra, J.
BJ
1 issue framed by the court
Whether to grant bail to the petitioners charged with offences under Sections 272/273 of the I.P.C.
2 provisions across 2 enactments
The Petitioners
The State
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
