IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Sushanta Dhalasamanta – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. bail applications filed under crpc. (Para 1) |
| 2. arguments presented by petitioners and opposition. (Para 2) |
| 3. court's assessment of serious criminal history and bail considerations. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 4. decision on granting or rejecting bail based on principles. (Para 9) |
| 5. conclusion on bail applications and court orders. (Para 10 , 11) |
Judgment :
1. These are applications U/S.439 of the Code of Criminal Procedure(in short, “CrPC”) by the petitioners for grant of bail in connection with Chauliaganj P.S. Case No.27 of 2016 corresponding to S.T. Case No.35 of 2018/ S.T. Case No.100 of 2023 (G.R. Case No. 222 of 2016) pending in the file of learned Sessions Judge, Cuttack, for commission of offences punishable U/Ss.387/120-B/34 of IPC r/w. Sec.25(1-B)(a)/25(1- AA)/27 of Arms Act, 1959 (in short “the Act”), on the main allegation of demanding extortion money and possessing prohibited firearms and live ammunitions.
2.1. On the other hand, Mr. Partha Sarathi Nayak, learned Special engaged Counsel in these cases opposes the bail applications of the petitioners by contending, inter alia that the petitioners Sushanta Dhalasamanta and Sushil Kumar Dhalasamanta are no
Bail applications must consider the seriousness of charges and the criminal history of applicants, with prior convictions impacting the court's decision.
Bail – A person having chequered criminal history, cannot be granted bail.
Bail applications for serious offences require careful scrutiny of criminal antecedents, prioritizing societal safety and the necessity for full disclosure by the accused.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Anticipatory bail under Section 438 Cr.P.C. is not maintainable in cases involving charges where a death sentence may be awarded.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
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