On application for bail under section 439 Cr.P.C., the High Court granted bail to the petitioner accused of theft and related offences. The court noted recovery of stolen articles and co-accused release as factors influencing the order.
Petitioner released on bail with bond of Rs.50,000 and two sureties for like amount with standard conditions.
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.1148 of 2021
Umesh Dandasana
… Petitioner
-Versus-
State of Odisha
... Opp. party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Sohela P.S. Case No.94 of 2020 corresponding to G.R. Case No. 332 of 2020 pending in the Court of learned J.M.F.C., Sohela for alleged commission of offences under sections 454, 380, and 411 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Padampur by order dated 05.02.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 13.12.2020, charge sheet has already been submitted under sections 454, 380, and 411 of the Indian Penal Code, the offences are triable by Magistrate, and the stolen articles have already been recovered from the possession of the petitioner, the accusation against the petitioner may at best make out a case under section 411 of the Indian Penal Code and the co-accused Naba Kishore Bhoi has already been released on bail by this Court in BLAPL No. 342 of 2020 vide order dated
15.02.2021 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 a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody for offences under sections 454, 380 and 411 IPC.
2 provisions across 2 enactments
Umesh Dandasana
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
