BELU ALIAS SURENDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.

(2.) The petitioner has prayed for his release on bail under Section 439 Cr.P.C. in G.R. Case No. 1602 of 2000, arising out of Purighat P.S. Case No. 251 of 2000. The offences alleged against him are under Sections 420/468/471/482/483/485/120-B/34 IPC, 78/79/81 of the Trade and Merchandise Marks Act and 63 of the Copyright Act.

(3.) Learned counsel for the petitioner strenuously urged for release of the petitioner on bail contending that the offences are triable by a Judicial Magistrate, First Class and that the petitioner has been detained in jail custody for about one year. In support of his contention he placed reliance on the decisions reported in (1997) 12 OCR 226 (Chandraswami and another v. C.B.I.) and (2000) 19 OCR (SC) 256 (Ram Narayan Singh and another v. State of Bihar). Both the cases were under Section 420 and other Sections of the Indian Penal Code and long detention of the petitioners therein in jail custody as well as the age of the petitioners were considered for t grant of bail. Reliance has also been placed on the decision reported in (2001) 21 OCR 752 (Surendera Das alias Belu v. State of Orissa) in which bail was granted in G.R. Case No. 390 of 1999, arising out of Motanga P.S. Case No. 75 of 1999, in which the offences alleged were under Sections 420/468/471/120-B/34 IPC read with Section 47(a) of the Bihar and Orissa Excise Act. It was further contended that a co-accused of the petitioner has been granted anticipatory bail in Cr. M.C. No. 2391 of 2001 vide order dated 21-8-2001.