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Judgment
22 paragraphs · 381 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.09 of 2021 arising out of Chandahandi P.S. Case No.155 of
2019 pending in the Court of learned Addl. Sessions Judge, Umerkote for offences punishable under sections 366-A/376(2)(n)/109/34 of the Indian
Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Umerkote which was rejected on 15.04.2021.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 15.03.2021 and he has been charge sheeted under
sections 366-A/376(2)(n)/109/34 of the Indian Penal Code and the main allegation is against Guleswar Kata who has already been released on bail by
this Court in BLAPL No.2336 OF 2020 as per order dated 23.11.2020, copy of which is annexed to bail petition and therefore, the bail application of
the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and fairly submitted that the main allegation is against the co-accused who has already
been released on bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, release of the
co-accused on bail and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) 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.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.