Allowed¶20

Raju Alli @ Sahamustak Alli v. State of Odisha

Orissa HC11 Nov 2024BLAPL/9058/2024

Case brief

AI extract

What is this about?

BLAPL No.9058 of 2024 (Orissa High Court, Cuttack), decided 11.11.2024 by S.K. Sahoo, J.: bail under s.439 CrPC granted to Raju Alli @ Sahamustak in S.T. Case No.149 of 2024 arising out of Bhanjanagar P.S. Case No.22 of 2020; charges under s.395 IPC and ss.25(1-B)(b)/27 Arms Act (alleged theft of 25-30 sheep); petitioner remanded 22.07.2024, charge sheet filed, co-accused released on bail, trial court had refused bail on 22.08.2024; bail bond Rs.50,000 with two local solvent sureties.

What did the court decide?

Petitioner directed to be released on bail in S.T. Case No.149 of 2024 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to such further conditions as the learned Court in seisin may deem just and proper; the BLAPL disposed of accordingly. ¶20

Raju Alli @ Sahamustak Alli 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, charge sheeted for offences under section 395 IPC and sections 25(1-B)(b)/27 of the Arms Act in S.T. Case No.149 of 2024 (Bhanjanagar P.S. Case No.22 of 2020), whose bail prayer was rejected by the Additional Sessions Judge, Bhanjanagar on 22.08.2024, should be released on bail under section 439 Cr.P.C.

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Court's answer

Having regard to the petitioner's remand on 22.07.2024, his charge sheeting under section 395 IPC and sections 25(1-B)(b)/27 of the Arms Act, the fact that the co-accused persons have been released on bail, and the prosecution case that about twenty five to thirty sheep were stolen away, the Court was inclined to release the petitioner on bail.

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Ratio / Principle

The petitioner is to be released on bail in S.T. Case No.149 of 2024 on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin over the matter, with further conditions as that Court may deem just and proper.

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Detailed headnote1 paragraphs

Criminal — Bail under section 439 Cr.P.C. — Offences punishable under section 395 IPC and sections 25(1-B)(b)/27 of the Arms Act arising out of Bhanjanagar P.S. Case No.22 of 2020 (S.T. Case No.149 of 2024, Additional Sessions Judge, Bhanjanagar, Ganjam) — Trial court rejected bail on 22.08.2024 — Petitioner taken on remand on 22.07.2024 and since charge sheeted; co-accused already released on bail; prosecution case of theft of about twenty five to thirty sheep — Held: petitioner entitled to release on bail on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, with liberty to the trial court to impose further just and proper conditions. (Orissa High Court, 11.11.2024, S.K. Sahoo, J., disposing of BLAPL No.9058 of 2024.)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9058 of 2024

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Raju Alli @ Sahamustak …. Petitioner Alli

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Mr. A.S. Paul, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Sarat Pradhan, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 11.11.2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.149 of 2024 arising out of Bhanjanagar P.S. Case No.22 of 2020 pending in the Court of learned Additional Sessions Judge, Bhanjanagar, Ganjam for offences punishable under section 395 of the Indian Penal Code and sections 25(1-B)(b)/27 of the Arms Act.

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The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge, Bhanjanagar vide order dated 22.08.2024.

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Page 1 of 2

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Considering the submission made by the learned counsel for the petitioner that the petitioner was taken on remand in this case on 22.07.2024 and he has been charge sheeted under section 395 of the Indian Penal Code and sections 25(1-B)(b)/27 of the Arms Act and the co-accused persons have been released on bail and after hearing the learned counsel for the State, who submitted that it is the prosecution case that about twenty five to thirty sheep were stolen away, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

RKM

Signature Not Verified