GAYATRI PRAVA MOHARANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. 439(2) of the Cr.P.C. for cancellation of bail granted to the accused Opposite Party No.2 by the learned 1st Addl. Sessions Judge, Khurda at Bhubaneswar by order dtd. 23/9/2021 in B.A. No. 1937 of 2021 arising out of C.T. No. 1624 of 2021 in which final form has been submitted under Ss. 294/420/506/34 IPC.

(2.) It is the contention of the learned counsel for the petitioner that the accused Opposite Party No. 2 was granted bail disregarding the guidelines fixed by the Apex Court while dealing with white color offences and also the ground that the Opposite Party No.2 has no criminal antecedent which according to the learned counsel for the petitioner weighed with learned Court below is factually incorrect.

(3.) Learned counsel for the Opposite Party No.2 refutes such submission and states that the guidelines for exercise of power under Sec. 439(2)Cr.P.C are well defined and by no stretch of imagination, it can be said that in granting bail to the Opposite Party No.2, learned Court below has ignored the principles to grant bail. As such, the CRLMA is liable to be rejected.