Orissa High Court
Balakrushna Suna vs State Of Odisha .... Opp. Party on 25 April, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3984 of 2023
1.Balakrushna Suna
2. Gandhi Selma .... Petitioners
Mr.S. Panda, Advocate
-versus-
State of Odisha .... Opp. Party
Mr.Manoranjan Mishra,
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 25.04.2023
01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Gaisilat P.S. Case No.35 of 2023 corresponding to G.R. Case No.236 of 2023 pending in the Court of learned S.D.J.M., Padampur for offences punishable under sections 467/468/ 471/ 419/420/34 of the Indian Penal Code.
The petitioners moved an application for bail before the Court of learned Additional Sessions Judge, Padampur, which was rejected on 29.03.2023.
// 2 // Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 01.03.2023 and in the meantime, on completion of investigation, charge sheet has been submitted under sections 467/468/471/420/34 of the Indian Penal Code and all the offences are triable by Magistrate and the amount of cheating is only Rs.480/- (rupees four hundred eighty only), which is not disputed by the learned counsel for the State and further submitted that the petitioners are having no criminal antecedent and therefore, the bail application of the petitioners may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the Page 2 of 3 // 3 // petitioners shall appear before the learned trial Court on each date to which the case would be posted for trial.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge Sipun Page 3 of 3