Disposed¶28

Hemanta Suna v. State of Odisha

Bail – S.439 CrPC

Orissa HC2 May 2024BLAPL/1327/2024

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Case brief

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What is this about?

Orissa High Court, BLAPL No.1327 of 2024, decided 02.05.2024 by Aditya Kumar Mohapatra, J.: regular bail granted under S.439 CrPC to Hemanta Suna in G.R. Case No. 247 of 2023 (Binka P.S. Case No. 259 of 2023) involving theft-related IPC offence with Electricity Act, Electric Supply Act, 1989 and Arms Act charges; bail bond Rs. 30,000/-; conditions imposed including fortnightly police-station reporting for three months.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 30,000/- with one local solvent surety for the like amount, subject to stated conditions; urgent certified copy as per Rules. ¶28

Hemanta Suna Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1327 of 2024

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Hemanta Suna

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..... Petitioner Represented By Adv. – Mr. Dibya Prakash Mishra

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-versus-

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State Of Odisha ..... Opposite Parties Represented By Adv. –

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Mr. A.P. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

02.05.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with in G.R. Case No. 247 of 2023, arising out of Binka P.S Case No. 259 of 2023, pending in the Court of the learned J.M.F.C., Binka, for alleged commission of offence under Section 379/34 of I.P.C. read with Section-136 of the Electricity Act and Section 3 of Electric Supply Act, 1989 and Section 25

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Page 1 of 3.

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(1) (B)(a) of Arms Act, 1959.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 20.11.2023. He further contended that the investigation is concluded and charge sheet has been filed. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter subject to the following terms and conditions:

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I) he shall not indulge in similar criminal offences

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Page 2 of 3.

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while on bail;

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