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2006 Supreme(SC) 1382
SUPREME COURT OF INDIA
B.P. SINGH, ALTAMAS KABIR, JJ.
Padma Charan Patra - Appellant
Versus
State of Orissa - Respondent
Criminal Appeal No. 645 of 2006, Arising out of SLP (Crl.) No. 1666 of 2006.
Decided on : 12-05-2006
The court has the discretion to grant bail and impose conditions as it deems fit to ensure the proper conduct of the appellant.
Headnote:
Bail - Conditions - Release on Bail
Fact of the Case:
The appellant sought bail after the High Court refused bail. The court considered the case diary and granted bail to the appellant with certain conditions.
Finding of the Court:
The court found that the appellant deserved to be released on bail after considering the material on record. The High Court's order refusing bail was set aside, and the appellant was directed to be released on bail with specific conditions.
Issues: The issue was whether the appellant should be granted bail and under what conditions.
Ratio Decidendi: The court considered the material on record and imposed conditions such as reporting to the police station, not leaving the state without informing the investigating officer, and not tampering with evidence or threatening witnesses.
Final Decision: The appeal was allowed, and the appellant was directed to be released on bail with specific conditions imposed by the trial court.
ORDER :
B.P. Singh, J.
We have heard counsel for the parties. Special leave granted.
2. Learned counsel for the appellant as well as the State have read out to us the relevant material appearing in the case diary. Having considered the material on record, we are satisfied that the appellant deserves to be released on bail. In the circumstances, this appeal is allowed. The order of the High Court refusing bail is set aside and the appellant is directed to be released on bail on his furnishing bail bonds and sureties to the satisfaction of the Chief- Judicial Magistrate, Bhubaneshwar.
3. While releasing the appellant on bail, the trial court will impose inter alia the following conditions:
1. That the appellant shall report to the named police station once every fortnight.
2. The appellant shall not leave the State of Orissa without informing the investigating officer.
3. The appellant shall not tamper with the evidence or threaten any witness or try to influence any person concerned with the investigation of the case.
4. It is open to the Chief-Judicial Magistrate, Bhubaneshwar to impose such other conditions as he may consider reasonable in the facts of the case. This appeal is accordingly allowed.
Appeal allowed.
