The High Court of Orissa allowed bail to the petitioner, an accused in a theft case involving breakage of a temple donation box. The court considered the petitioner's extended custody and the bail of a co-accused.
Petitioner released on bail by furnishing a bond of Rs. 25,000 with two local solvent sureties 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.4949 of 2023
Akuja @ Sarat Das
…. Petitioner Mr. J. Behera, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
27.06.2023
// 2 //
and by breaking upon the donation box taken away cash of Rs.12 lakhs above. He suspected his previous inmates Baba, namely, Jayadev Das of Tihidi Alekha Mahima Matha has committed the alleged theft. Hence, this case.
// 3 //
considering the concept of the facts and circumstances of the case, co-accused has already been released on bail and the period of custodial detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.25,000/- (rupees twenty-five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. While releasing the petitioner on bail, the court in seisin over the matter to impose any other conditions as would be deemed just and proper one of the conditions that :-
II. he shall not default in personal attendance of the court during trial on each date of posting.
Violation of any of the terms and conditions shall entail cancellation of bail.
11. The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Signature Not Verified
Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACKJagabandhu Date: 29-Jun-2023 13:05:47
( A.K. Mohapatra ) Judge
2 issues framed by the court
Whether the petitioner should be released on bail given his extended custodial detention and lack of flight risk.
Whether co-accused already released on bail suggests favorable conditions for the appellant's release.
1 provisions across 1 enactments
Akuja @ Sarat Das
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
