In this bail application under section 439 Cr.P.C., the High Court granted bail to a petitioner in a case involving offences under sections 457/380 IPC, dismissing the State's objection regarding criminal antecedents due to the triable nature of the offence.
Petitioner released on bail bond Rs.50,000 with two local solvent sureties each for like amount.
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BLAPL No.1204 of 2021
-VersusState of Odisha ...
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.77 of 2021 arising out of Thakurgarh P.S. Case No.30 of 2021 pending in the Court of learned S.D.J.M., Athamallik for offences punishable under sections 457/380 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Athamallik which was rejected on 09.02.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 02.02.2021 and the offences are triable by Magistrate and on hearing the learned counsel for the State, who submitted that the petitioner has got criminal antecedent, 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.50,000.00 (rupees fifty thousand) with two local 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 be granted on proper application.
…………………..……
S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner should be released on bail considering the offences are triable by Magistrate despite criminal antecedents.
Whether the petitioner's judicial custody and nature of offences justify bail.
2 provisions across 2 enactments
Unknown Petitioner
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
