Balabhadra Patra v. Susil Kumar Pattnaik
Case at a glance
Outcome
Bail granted
the event the Petitioner is released on bail, there is a possibility that
Provisions considered
Key paragraphs
- Para 55. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed…
Judgment
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER
16.07.2024
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.
This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Bail in 2(a) CC Case No. 198/2024 arising out of Bonai Excise Station P.R. No.21 of 2024- 25 pending in the Court of the learned S.D.J.M., Bonai for alleged commission of offence under Section 52 (a)(i) 55,59(d) & 62(i) of Odisha Excise Act, 2008.
Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 16.04.2024. It is stated by learned counsel for the petitioner that earlier the petitioner was released on bail by this Court vide order dated 20th May, 2024. He further submitted that the Page 1 of 3. release of the petitioner was subject to verification of criminal antecedent and at that time he surrenders before the Court below, it was found that the petitioner is having two similar criminal antecedents. Therefore, the petitioner was not released on bail by the Court below. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
Operative part
Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.
Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.
It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.6,000/- (Rupees Six thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final Page 2 of 3. outcome of the trial of the case.
It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than two similar criminal antecedents, this bail order shall automatically stand revoked
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules. ( A.K. Mohapatra ) Judge Rubi Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2024 14:57:40
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the event the Petitioner is released on bail, there is a possibility that
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Odisha Excise Act, 2008.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.