Orissa High Court
BLAPL/9338/2019 on 30 June, 2020
Author: P.Patnaik
Bench: P.Patnaik
BLAPL No.9338 of 2019
02 30.06.2020 Heard Mr. Padhy, learned counsel for the
petitioner and Mr.Das, learned Additional Government
Advocate.
This is an application under section 439 of the
Code of Criminal Procedure filed by the present petitioner,
who has been involved in G.R. Case No. 544 of 2019 pending
in the court of the learned S.D.J.M., Koraput arising out of
Koraput Sadar P.S.Case No.51 of 2019 for commission of
offences under section 392 of the India Penal Code read
with section 25 and 27 of the Arms Act. His bail application
was rejected by the learned Additional Sessions Judge,
Koraput.
It is submitted by the learned counsel for the
petitioner that the petitioner has no role to the alleged
commission of crime. Basing on the co-accused statement
the petitioner has been implicated in the present crime and
the said co-accused has already been released on bail in
BLAPL No.1010 of 2020. On the other hand, learned
Government Advocate submits that if the petitioner is
released on bail he may involve in similar offences.
Moreover, the petitioner happens to be the
permanent resident of Chirstian Peta, Court Road, in the
R/p
district of Koraput. Hence there is no reasonable chance of
his abscondance from justice.
Considering the rivalised submissions made by
the learned counsel for both the parties and having regard to
the period of detention in custody of the petitioner, I am
inclined to allow this bail application and direct that the
2
petitioner be released on bail on executing bond of
Rs.20,000/-(rupees twenty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the
learned S.D.J.M., Koraput in connection with the aforesaid
case subject to the following conditions:
i) He shall appear before the trial court on
each date of posting of the case
ii) he shall not leave the jurisdiction of the
trial court without permission of the said
court;
iii) he shall not try to influence or terrorize the
witnesses of the prosecution in any manner.
Violation of any of the above conditions shall
entail automatic cancellation of his bail.
The BLAPL is disposed of accordingly.
.......................
P.Patnaik,J 3 4 5 .