Application for bail under Section 439 Cr.P.C. allowed in a theft case. Court inclined to grant bail due to custody delay, recovery of stolen asset, and suspicion of case foisting.
Petitioner released on bail on bond of Rs. 20,000 with two solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 7077 of 2020
Ratnakar Rout … Petitioner
-Versus-
State of Odisha
... Opp. party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.838 of 2020 arising out of Chauliaganj P.S. Case No.262 of 2020 pending in the Court of learned J.M.F.C.(City), Cuttack for offence punishable under section 395 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge, Cuttack which was rejected on 22.09.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 12.08.2020 and the stolen car has already been recovered from the petitioner and there was previous dispute between the parties for which the case has been foisted and investigation has made substantial progress and 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.
…………………..…… S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner should be released on bail in a theft case pending in the Sessions Court.
Whether the recovery of the stolen vehicle and delay in investigation warrant bail.
1 provisions across 1 enactments
Ratnakar Rout
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
