AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 297 wordsSavitri Ratho, J
This is the second application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Berhampur Cyber P.S. Case No. 21 of 2023 corresponding to G.R. Case No. 1825 of 2023 pending in the Court of the learned S.D.J.M., Berhampur registered for commission of offences punishable under Sections 419, 420 of IPC read with Sections 66/66-D of I.T. Act.
The earlier bail application i.e. BLAPL No. 12897 of 2023 had been rejected on 16.11.2023 granting liberty to the petitioner to move the learned Court below for bail afresh after completion of investigation. After completion of investigation, the petitioner moved the learned court below for bail and his prayer for bail has been rejected on 02.01.2024 by the learned 3rd Additional Sessions Judge, Berhampur in B.A. No. 1142 of 2023.
Perusal of the rejection order reveals that out of 6 chargesheeted witnesses, 2 constables have been examined and the informant and the I.O. are yet to be examined.
Mr. Judhisthir Sahoo, learned counsel for the petitioner submits that in spite of issue of summons the informant is not appearing to adduce evidence for which the trial is getting delayed.
List this matter on 01.03.2023 to enable Mr. S.S. Pradhan, learned Additional Government Advocate to obtain the case diary.
Registry is also requested to call for a report from the learned J.M.F.C. (L.R. & L.T.V.), Berhampur regarding present status of the case and likely time within which the trial is likely to be completed.
Learned counsel for the petitioner submits that the petitioner is willing to deposit 50% of the amount which is stated to have withdrawn from the account of the petitioner. The said submission shall be considered on the next date.
...…………………………