Disposed¶20

Jitendra Das v. State of Odisha

Orissa HC3 Apr 2024BLAPL/1401/2024

Case brief

AI extract

What is this about?

Conditional bail under Section 439 CrPC granted on 03.04.2024 by Justice Aditya Kumar Mohapatra, High Court of Orissa at Cuttack, in BLAPL No.1401 of 2024 for petitioner Jitendra Das; theft offence under Sections 379/34 IPC in Bampada Industrial Area P.S. Case No.23 of 2024 / C.T.Case No.77 of 2024 before J.M.F.C.(City), Balasore; custody since 04.02.2024; charge sheet filed 28.03.2024; stolen articles recovered; bail bond Rs.25,000 with two local solvent sureties; automatic revocation if similar criminal antecedents found.

What did the court decide?

Release of the Petitioner on bail upon furnishing a bail bond of Rs.25,000/- with two local solvent sureties for the like amount, subject to verification by the court below of any similar criminal antecedent (automatic revocation if found); urgent certified copy as per Rules. ¶20

Jitendra Das Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner should be released on bail under Section 439 of the Code of Criminal Procedure in connection with Bampada Industrial Area P.S. Case No.23 of 2024 / C.T.Case No.77 of 2024 (offence under Section 379/34 of I.P.C.), considering his custody since 04.02.2024, conclusion of investigation, filing of charge sheet on 28.03.2024, recovery of stolen articles, and alleged absence of similar criminal antecedents.

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Court's answer

Taking into consideration the period of detention and the facts/materials on record, the Court directed release of the Petitioner on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two local solvent sureties for the like amount, to the satisfaction of the court in seisin over the matter; violation of any terms and conditions shall entail cancellation of bail.

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Ratio / Principle

The grant of bail is conditional: the court below shall verify whether the Petitioner has any criminal antecedent of similar nature, and if any such similar antecedent is found, the bail order shall automatically stand revoked.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice A.K. Mohapatra) disposed of BLAPL No.1401 of 2024 on 03.04.2024 by granting bail under Section 439 CrPC to the petitioner detained since 04.02.2024 in Bampada Industrial Area P.S. Case No.23 of 2024 / C.T.Case No.77 of 2024 (J.M.F.C.(City), Balasore) for alleged offence under Section 379/34 of I.P.C.; investigation had concluded and the charge sheet was filed on 28.03.2024, with the stolen articles reportedly recovered. Bail was ordered on a bond of Rs.25,000/- with two local solvent sureties for the like amount, conditional on the court below verifying absence of any similar criminal antecedent — discovery of such antecedent triggers automatic revocation of the bail order, and breach of conditions entails cancellation.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1401 of 2024

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1) Jitendra Das

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..... Petitioner

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Represented By Adv. - Amulya Ratna Panda

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-versus-

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1) State Of Odisha ..... Opposite Parties

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Represented By Adv-Mr. P.C.Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

03.04.2024

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.

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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 Bampada Industrial Area P.S. Case No.23 of 2024 corresponding to C.T.Case No.77 of 2024 pending in the Court of the learned J.M.F.C.(City), Balasore for alleged commission of offence under Section 379/34 of I.P.C.

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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 04.02.2024. He further contended that in the meantime investigation has been concluded

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and charge sheet has been filed on 28.03.2024. Learned counsel for the petitioner that the petitioner does not have any similar criminal antecedent. He further contended that in course of investigation the stolen articles have already recovered. 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 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.25,000/(Rupees Twenty Five thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

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