The Single Judge granted bail to the petitioner accused of theft by cheque dishonour. The court accepted that the chance of absconding was remote and fixed bond amount with a surety.
Petitioner released on bail on furnishing bond of Rs. 25,000 with one surety for the like amount subject to terms and conditions.
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BLAPL No.10806 of 2019
This application under Section 439 Cr.P.C. has been made on 13.12.2019 by the petitioner, namely Bamadev Sahoo, implicated in Jajpur P.S. Case No.120 of 2019, corresponding to C.T. Case No.484 of 2019 of the court of learned S.D.J.M., Jajpur for commission of offence U/s.379 of IPC r/w. Sec 66(C)/66(D) of I.T Act.
Heard learned counsel for the petitioner and the learned Additional Standing Counsel.
It is stated by learned counsel for the petitioner that the petitioner is in custody since 5.6.2019 and charge-sheet has been submitted in the meantime. Chance of his absconding is remote for having root at Village-Dandasundara, P.S-Jajpur, Dist-Jajpur.
Having regards to the nature of accusation, period of detention as well as above attenuating circumstances, I am inclined to grant bail to the present petitioner.
Hence, it is ordered that the petitioner - Bamadev Sahoo be released on bail on furnishing bail bond of Rs.25,000/(Rupees twenty-five thousand) with one surety for the like amount to the satisfaction of the learned S.D.J.M., Jajpur in the above noted case, subject to such terms and conditions as deemed just and proper by him.
The BLAPL is accordingly disposed of.
pks
Urgent certified copy of this order be granted as per
rules.
………………………... Dr. A. K. Mishra, J.
1 issue framed by the court
Whether bail should be granted to the petitioner accused of theft by cheque dishonour under Section 379 IPC read with Sections 66(C)/66(D) of the Income Tax Act.
4 provisions across 3 enactments
Bemadev Sahoo
State of Orissa
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr. A. K. Mishra
