Single judge allowed bail to Debendra Das in a criminal case involving cheating, criminal conspiracy, and forgery, citing confession-based implication and release of co-accused.
Petitioner released on bail by furnishing bond of Rs. 50,000 with two local solvent sureties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 370 of 2021
Debendra Das @ Muna …. Petitioner
Mr. B. Mohapatra, Advocate
-versus-
State of Odisha
…. Opp. Parties
Mr. A.K. Beura, Addl. Standing Counsel
CORAM:
Order No.
JUSTICE S.K. SAHOO ORDER 16.08.2021
This is an application under section 439 of
Cr.P.C. in connection with C.T. Case No.657 of 2020 arising out of Chandipur P.S. Case No.79 of 2020 pending in the Court of learned S.D.J.M., Balasore for offences punishable under sections 120-B/457/395 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned 2nd Additional Sessions Judge, Balasore vide order dated 05.01.2021.
Learned counsel for the petitioner submitted
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that the petitioner is in judicial custody since 27.08.2020 and he has been charge sheeted under sections 120-B/457/395 of the Indian Penal Code and the petitioner’s implication in the case is based on his own confession so also the confessional statement of co-accused persons before police and there is no criminal antecedents against the petitioner and some of the co-accused persons have already been released on bail in this Court in BLAPL No.6933 of 2020 as per order dated 08.04.2020 and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and on verification of the same fairly submitted that on the basis of the confessional statement of petitioner before police, he has been arrayed as an accused.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the implication of the petitioner is based on his own confession as well as confessional statement of coaccused persons before police and taking into account the release of co-accused persons on bail and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the
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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.
Urgent certified copy of this order be granted on proper application.
RKM
( S.K. Sahoo)
Judge
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1 issue framed by the court
Whether the petitioner entitled to bail in a case involving implication based on confession?
1 provisions across 1 enactments
Debendra Das @ Muna
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
