High CourtsSingle Bench

Brundaban Rana Vs State Of Orissa

Orissa High Court · Decided on 8 January 2024 · Citation: (2024) 01 OHC CK 0047

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 437, 439 · Indian Penal Code, 1860 — Section 34, 392, 413
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 14503 Of 2023
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Judgment

12 paragraphs · 335 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Balasore Town P.S. Case No.196 of 2023 corresponding to C.T. Case No.628 of 2023 pending in the file of learned Sessions Judge, Balasore for commission of offences punishable under Sections 392/413/34 of IPC, on the allegation of receiving stolen articles.

3.

Heard, Mr. D. Sahoo, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. At the outset, it is brought to the notice of the Court that the Petitioner is a Cancer Patient and he is undergoing treatment for Cancer.

4.

After having considered the rival submissions and on going through the materials placed on record and regard being had to the ailment of the Petitioner which entitled him to the benefit of first proviso to Section 437 Cr.P.C. and taking into account the submission of charge sheet in this case and last but not the least, taking into account the manner of implication of the Petitioner in this case, this Court grants bail to the petitioner.

5.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case 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 shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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