The High Court granted bail to the petitioner, Sikandar Ali, under Section 439 Cr.P.C. in an IPC cheating case pending in Berhampur, considering the accused's custody period and the COVID-19 lockdown circumstances.
Petitioner Sikandar Ali released on bail upon furnishing a bond satisfactory to the court in seisin over the matter in the aforesaid case.
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BLAPL No.2176 of 2020
In view of extra-ordinary situation arose out of COVID-19 Lockdown, the matter is taken up through video conferencing.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
It is stated that charge-sheet has already been filed on 20.12.2019 and the accused is in custody since 23.10.2019. There is no T.I. Parade as revealed from the bail rejection order of the learned 2nd Addl. Sessions Judge, Berhampur.
Keeping in view the above facts and considering the custody period, I am inclined to extend the benefit of 439 Cr.P.C. to the petitioner.
Hence, it is ordered that the petitioner namely Sikandar Ali be released on bail on furnishing bail bond which shall be imposed to the satisfaction of the learned court in seisin over the matter in the aforesaid case, subject to other conditions as deemed just and proper by the learned court below.
The bail application is accordingly disposed of.
Parties may access copy of this order in Court’s official website and utilize the same as per the Notice No.4587 dtd.25.03.2020 and Notice dtd.15.04.2020 issued by the Registrar General of this Court. Copies of the aforesaid notices are available in Court’s Official Website.
…………….……… Dr. A.K. Mishra, J.
RJ
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1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. considering the custody period and extra-ordinary COVID-19 Lockdown situation.
1 provisions across 1 enactments
Sikandar Ali
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
