The High Court allowed the petitioner's second bail application under S. 439 Cr.P.C. in a cheating case. Citing long detention and S. 437(6), the Court granted bail with sureties and specific conditions.
Petitioner admitted to bail on Rs. 1 lakh with two sureties; conditions imposed regarding attendance and jurisdiction.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3753 of 2024
Dibya Singh Pujari
Petitioner
Mr. S.S. Ray(2), Advocate
-versus-
State of Odisha
Opposite Party
Mr. A. Behera, ASC Mr. B.B. Routray, Advocate(informant)
CORAM: JUSTICE G. SATAPATHY
ORDER(ORAL)
16.07.2024
Order No.
04.
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petitioner is in custody for near about one and half years and in the meanwhile, the informant has already been examined in this case. Further, it is also not in dispute that the trial has commenced on 12.05.2023, but it is yet to be concluded. However, there is a provision U/s. 437(6) of Cr.P.C. which mandates that if in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence, such detenue has a right to be released on bail, unless his detention is directed for reasons to be recorded in writing, which makes such right to be not absolute, but the Court certainly has discretion.
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on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance are dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on second Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the
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petitioner in future for similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
(G. Satapathy) Judge
S. Sasmal
Signature Not Verified
Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 18-Jul-2024 13:23:51
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2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 of Cr.P.C. given his long detention and the prima facie case.
Whether the provisions of Section 437(6) of Cr.P.C. support the release of the petitioner on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vrs. Central Bureau of InvestigationRelied on¶23
Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 · Who else cites this
3 provisions across 2 enactments
Dibya Singh Pujari
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
