Allowed

Budu@ Dhanapati Nag v. State of Odisha

Orissa HC10 May 2023BLAPL/4188/2023

Case brief

AI extract

What is this about?

High Court allowed bail application of two petitioners accused of dacoity and arms offences who were re-arrested under non-bailable warrant for absence during trial, considering them fit cases for bail after accounting for detention period.

What did the court decide?

Petitioners released on bail on furnishing bond of Rs.50,000 each with two local solvent sureties each, with standard conditions.

Budu@ Dhanapati Nag Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4188 of 2023

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1.Budu @ Dhanapati Nag

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2. Kamulu @ Sanjit Bhatra @ Sanjay …. Petitioners

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Mr.Arijeet Mishra, Advocate

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-versus-

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State of Odisha …. Opp. Party
Mr.Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.05.2023
01. This matter is taken up through Hybrid

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arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Jeypore Sadar P.S. Case No.175 of 2017 corresponding to C.T. Case No.52 (A) of 2018 pending in the file of learned Chief Judicial Magistrate -cum- Asst. Sessions Judge, Jeypore, Koraput for alleged commission of offence under section 395 of the Indian Penal Code read with sections 25/27 of the

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// 2 //

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Arms Act.

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The prayer for bail of the petitioners has been rejected by the learned Chief Judicial Magistrate -cum- Asst. Sessions Judge, Jeypore, Koraput vide order dated 03.04.2023.

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Learned counsel for the petitioners submitted that petitioner no.1 was granted bail by this Court in BLAPL No.1720 of 2018 as per the order dated 09.07.2018 and the petitioner no.2 was also on bail and they were all along taking steps in the case but on 13.10.2022 since the petitioners remained absent in the trial Court and no step was taken, non-bailable warrant of arrest was issued against them at this stage of framing of charge and the petitioners were arrested on the basis of non-bailable warrant of arrest and they are now in judicial custody. He further submitted that both the petitioners are ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioners may be favourably considered.

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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 fact that the petitioners were on bail and taking into

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account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioners.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure their presence during trial with further condition that the petitioners shall appear before the trial Court on each date when the case would be posted for trial.

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Violation of any of the terms and conditions fixed shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge

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Sipun

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Page 3 of 3

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SIPUN Digitally signed by SIPUN BEHERA BEHERA Date: 2023.05.12 10:17:57 +05'30'

Budu@ Dhanapati Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Budu@ Dhanapati Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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