The High Court considered a bail application under Section 439 CrPC in a robbery case. Noting the previous rejection, the charge sheet submission, and the remand date, the court granted bail subject to a bond and sureties.
Petitioner released on bail on furnishing a bond of Rs. 50,000 with two local solvent sureties.
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BLAPL No. 1370 of 2021
Alok Kumar Sahoo @ Alok Sahoo ……. Petitioner
-Vrs.-
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.56 of 2018 arising out of Chandpur P.S. Case No.21 of 2018 pending in the Court of learned J.M.F.C., Ranpur for offence punishable under section 392 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Nayagarh which was rejected on 09.11.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner was taken on remand in this case on 06.02.2019 and charge sheet has already been submitted and the offence is triable by Magistrate and after hearing the learned counsel for the State who submitted that the petitioner has got one 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.
Sisir
2 issues framed by the court
Whether to grant bail to the petitioner in a non-bailable offence of robbery triable by a Magistrate where a prior bail application was rejected.
Whether the submission of charge sheet and the status of remand consideration justify release on bail despite a criminal antecedent.
2 provisions across 2 enactments
Alok Kumar Sahoo @ Alok Sahoo
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
