Bail application under s. 439 CrPC allowed for alleged liquor prohibition offences. Petitioner granted bail on ₹50,000 bond considering co-accused release and detention period.
Petitioner released on bail on furnishing bond of Rs.50,000 with two local solvent sureties each for like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8701 of 2020
Srikanta Sahu
…. Petitioner
Mr.A.K.Nath, Advocate
-versus-
State of Odisha …. Opp. Party
Mr.A.Pradhan, Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
11.08.2021
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Purunakote P.S. Case No.55 of 2020 corresponding to G.R. Case No. 2031 of 2020 pending in the Court of learned S.D.J.M., Angul for alleged commission of offences under sections 272, 273, 304, 324, 326, 109/34 of the Indian Penal Code read with sections 52(a), 55(a), 55(b), 59(c), 62 and 69 of Odisha Excise Act.
The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Angul,
// 2 //
which was rejected on 19.11.2020.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 28.10.2020 and he has been charge sheeted under sections 272, 273, 304, 324, 326, 109/34 of the Indian Penal Code read with sections 52(a), 55(a), 55(b), 59(c), 62 and 69 of Odisha Excise Act. It is further submitted that two of the co-accused persons, namely, Ranjit @ Ranjeet Sahu and Tukuna Dehury have been released on bail in BLAPL No. 9319 of 2020 and BLAPL No. 9342 of 2020 respectively as per the common order dated 20.04.2021 and therefore, the bail application of the petitioners may be favourably considered.
Learned counsel for the State, on the other hand, produced the case diary and submitted that the petitioner was one of the customers of I.D liquor supplied by the co-accused Kalia Dehury.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, release of the coaccused persons on bail and keeping in view 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 aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the
Page 2 of 3
// 3 //
learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge
PKSahoo
Page 3 of 3
1 issue framed by the court
Whether the petitioner entitled to be released on bail despite allegation of offences u/s 272, 273, 304, 324, 326 IPC.
3 provisions across 3 enactments
Srikanta Sahu
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.K. Sahoo
Parties & counsel
