Allowed

Nanda Nag v. State of Odisha

Orissa HC15 Mar 2021BLAPL/1275/2021

Case brief

AI extract

What is this about?

In an application under section 439 Cr.P.C., the High Court allowed bail for petitioners Nanda Nag, Rajesh Nag, and Suresh Nag who were in judicial custody. The offenses were pending in the Court of Additional Sessions Judge, Gunupur, following a civil dispute involving physical injuries.

What did the court decide?

The petitioners were released on bail on furnishing a bond of Rs. 50,000 each with two local solvent sureties each for the like amount.

Nanda Nag Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

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BLAPL No.1275 of 2021

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Nanda Nag

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Rajesh Nag

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Suresh Nag

… Petitioners

State of Odisha

... Opp. party

15.03.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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It is submitted by the learned counsel for the petitioners that in the meantime, the case has already been committed to the Court of Session and it is pending in the Court of learned Additional Sessions Judge, Gunupur in C.T. Case No.06 of 2021.

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Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.06 of 2021 arising out of Gunupur P.S. Case No.205 of 2020 pending in the Court of learned Additional Sessions Judge, Gunupur for offences punishable under sections 323/324/325/307/294/506/34 of the Indian Penal Code.

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The petitioners moved an application for bail before the Court of learned Addl. Sessions Judge, Gunupur which was rejected on 09.02.2021.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 19.01.2021 and in the meantime, after completion of investigation,

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charge sheet has been submitted under sections 323/324/325/307/294/506/34 of the Indian Penal Code. He further submitted that the informant and the petitioner no.1 are two brothers and petitioners nos.2 and 3 are the sons of petitioner no.1 and there was civil dispute between the parties and except the informant, who has sustained one grievous injury, some of the injured persons have sustained simple injuries and some of them were found to have sustained no injury at all. He further submitted that in view of the available materials on record, the bail application of the petitioners may be favourably considered. He has filed the certified copy of the charge sheet along with the injury reports and statements of the witnesses.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, back ground of civil dispute between the parties, relationship between the parties and the nature of injuries sustained by the injured persons and the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of

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the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………..…… S.K. Sahoo, J.

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RKM

Nanda Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nanda Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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