Single judge order granting bail to an accused in judicial custody facing charges under section 394 IPC. Court released petitioner on bond with sureties without discussing reasons extensively.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two solvent sureties each for same amount. BLAPL disposed of.
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BLAPL No. 3816 of 2020
Diptesh Kumar Jena @ Dipesh Kumar Jena ……. Petitioner
-Vrs.-
State of Odisha ……. Opp. Party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection with C.T. Case No.1566 of 2018 arising out of Sahadevkhunta P.S. Case No.200 of 2018 pending in the Court of learned S.D.J.M., Balasore for offence punishable under section 394 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Special Judge, Vigilance, Balasore which was rejected on 29.05.2020.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 04.07.2018, charge sheet has been submitted under section 394 of the Indian Penal Code which is triable by Magistrate and the informant who has already been examined during trial as P.W.6 has not identified the petitioner as a culprit and therefore, the bail application may be favourably considered.
Perused the deposition copies of the witnesses annexed to the bail application.
On 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.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the 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 is granted on proper application.
sisir
…………………..……
S.K. Sahoo, J.
1 issue framed by the court
Whether the petitioner should be released on bail in the continuing custody case involvingsection 394 Indian Penal Code.
2 provisions across 2 enactments
Diptesh Kumar Jena @ Dipesh Kumar Jena
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
