Allowed

Soumya Ranjan Das v. State of Odisha

Orissa HC8 Nov 2021BLAPL/8346/2021

Case brief

AI extract

What is this about?

The High Court of Orissa entertained a bail application under Section 439 Cr.P.C. in a snatching and theft case. Considering the petitioner's detention period and that the stolen mobile phone was recovered from his brother-in-law rather than the petitioner himself, the Court allowed bail.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 40,000 with two local solvent sureties for the like amount each.

Soumya Ranjan Das Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 8346 of 2021

¶3

Soumya Ranjan Das …. Petitioner Mr.A.R.Panda, Advocate

-versus-

State of Odisha

Opposite Party

Mr.Abhinandan Pradhan , ASC

¶8

CORAM:

¶9

JUSTICE R.K.PATTANAIK

Order No.

ORDER 08.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

¶14

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Bampada (Industrial Area) P.S. Case No. 65 of 2019 corresponding to C.T. Case No. 806 of 2019 pending in the court of learned S.D.J.M., Balasore.

¶15

Perused the F.I.R. and the impugned order 18.09.2021.

¶16

The complainant lodged the F.I.R. on 14.06.2019 by stating therein that his friend had gone to Balasore railway station and while returning to his home, at around 1.30 A.M., two unknown persons came in a rickshaw and assaulted him and snatched away a mobile phone, air bag and cash of Rs.500/- kept in a purse. In that connection, the petitioner has been arrested and is in judicial custody since 18.09.2021.

¶17

Learned counsel for the petitioner submits that a mobile phone has been recovered from the possession of the brother in-law of the accused and he is admittedly involved in

¶18

two more cases registered under Section(s) 379/411 IPC and 399/405 IPC and in both the cases, he is on bail and considering the same, the petitioner should be released with any conditions.

¶19

Learned counsel for the State contends that there is recovery of mobile phone which was allegedly snatched away from the victim’s possession and therefore, the accused should not be granted bail.

¶20

Copy of the order dated 06.08.2021 in ABLAPL No. 4644 of 2021 is produced before the Court today by the learned counsel for the petitioner to show that pursuant a direction of this Court, the petitioner surrendered before the court below and since bail was rejected, is in custody from then. In fact, the petitioner had approached this Court for anticipatory bail but it was not granted with a direction that he was to surrender before the court, which according to the learned counsel for the petitioner, was complied with.

¶21

Having regard to the above facts and the fact that only stolen mobile phone was recovered in connection with the case which was not from the possession of the petitioner but from his brother in-law, though, prima facie indicates his involvement but keeping in view the period of detention and that the investigation might have been completed by now, the Court is of the considered view that the petitioner should be released on bail.

¶22

In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/(rupees forty thousand) with two local solvent sureties for the like amount each to the satisfaction of the learned court below

¶23

Page 2 of 2

¶24

who shall impose such other conditions as deemed just and proper, in the facts and circumstances of the case.

¶25

The BLAPL is accordingly disposed of.

¶26

An urgent certified copy of this order be issued as per

¶27

rules.

¶28

(R.K.Pattanaik)

¶29

km Judge

Soumya Ranjan Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Soumya Ranjan Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Purushottam Sahu Vs State of Odisha

Ranjan Maharana @ Nanda Vs State of Odisha

Ishiq @ Ishaq Singh Vs State of Odisha

Bikram Rout Vs State of Odisha

Dipti Ranjan Mohanty @ Papu Vs State of Odisha

Deba@ Debasish Nayak@ Naik Vs State of Odisha