Single judge order granting bail to three accused persons under Section 439 Cr.P.C. in a cheating and criminal breach of trust case pending in Dharmgarah, citing prior bail grants and custody duration as grounds.
Release of petitioners on bail via bond of Rs. 20,000 each with one surety for like amount to SDJM, Dharmgarah, subject to terms.
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BLAPL No.657 of 2020
Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.
It is submitted by the learned counsel for the petitioners that the present accused persons are involved in other two cases in which they have been granted bail vide order dated 6.11.2019 in BLAPL Nos. 7735 and 7754 of 2019. The petitioners are in jail custody since 03.08.2019.
Having regards to the nature of accusation, period of custody as well as above attenuating circumstances, I am inclined to release the petitioners on bail.
Hence, it is ordered that the petitioners, namely, Kalia Tandi, Hemanta Chandan and Digambar @ Dambuda Majhi be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) each with one surety each for the like amount to the satisfaction of the learned SDJM, Dharmgarah in the aforesaid case, subject
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to such terms and conditions as he deems just and proper by him.
The bail application is accordingly disposed of.
Dhal
Issue urgent certified copy as per rules.
…………….……… Dr. A.K. Mishra, J.
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2 issues framed by the court
Whether the petitioners should be released on bail considering their custody duration and involvement in other cases where bail was granted.
Whether attenuating circumstances warrant the invocation of inherent powers under Section 439 Cr.P.C. to interfere with the trial court's bail order.
1 provisions across 1 enactments
Kalia Tandi
Hemanta Chandan
Digambar @ Dambuda Majhi
State
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
