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 :
G. Satapathy, J.
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. In the course of hearing, Mr. Chandan Samanataray, learned counsel for the petitioners in all these three bail applications submits that although the petitioners Sushanta Dhalasamanta and Sushil Kumar Dhalasamanta in BLAPL No. 9082
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.
In NDPS cases with intermediate quantity recovery and accused's criminal antecedents including prior NDPS offence, bail denied despite Section 37 inapplicability, prioritizing drug menace, repetition....
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