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G. SATAPATHY
Susanta Kumar Dhalasamanta – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
G. Satapathy, J.—This is an application U/S.439 of the Code of Criminal Procedure(in short, “CrPC”) by the petitioners for grant of bail in connection with Markat Nagar PS Case No.229 of 2020 corresponding to G.R. Case No.1572 of 2020 pending in the file of learned 2nd Additional Sessions Judge, Cuttack, for commission of offences punishable U/Ss.386/387/120-B of Indian Penal Code read with Sections 25(1-A)/25(1-AA)/25(1- B) of Arms Act, on the main allegation of demanding extortion money and possessing unauthorized firearms and live ammunition in their house.
2. In the course of hearing, Mr. Chandan Samanataray, learned counsel for the petitioners submits that although the petitioners have been made as accused persons in this case, but the seizure was made in Choudwar P.S. Case No.594 of 2020, and therefore, the present case registered against the present petitioners is not maintainable. Mr. Samantaray by relying upon the forensic report further submits that even at the worst, the weapon seized in this case being not unauthorized weapon, the offences prescribed under Section 25(1-AA) of Arms Act is not attracted against the petitioners and the petitioners having already be
Bail – A person having chequered criminal history, cannot be granted bail.
Bail applications must consider the seriousness of charges and the criminal history of applicants, with prior convictions impacting the court's decision.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The nature of the crime and lack of valid explanation for firearm possession are critical in denying bail according to precedents regarding similar offences.
The court ruled that mere pendency of multiple criminal cases cannot be the sole basis for denial of bail, emphasizing that the purpose of bail is to ensure the accused's presence during trial.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case.
The judgment establishes the principle that bail decisions should consider the cumulative effect of circumstances, including the nature of the allegations, criminal history, and the need for stringen....
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