NAGA DAS AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application filed by the petitioners Naga Das and Pinkuna Das under Section 439 (1) (b) Cr.P.C. for waiving/modifying the condition No. (ii) as imposed by the learned Sessions Judge, Bhadrak while admitting the petitioners on bail vide order dated 15.7.2015 in BLAPL No. 1105 of 2015. The condition No. (ii) was a direction to each of the petitioners to deposit cash security of Rs. 20,000/-.

(2.) On 2.3.2015 on the First Information report submitted by one Sk. Solemn of village Gujidarada before Inspector-in-charge, Bhadrak Town Police Station, Bhadrak Town P.S. Case No. 77 of 2015 was registered against unknown persons for offence punishable under Sections 379/34 IPC. The said case corresponds to G.R. Case 404 of 2015 pending in the Court of learned S.D.J.M., Bhadrak.

(3.) During course of investigation, the petitioners were taken into custody and their application for bail was rejected by the learned S.D.J.M. Bhadrak. Though the petitioners moved an application for bail before the learned Sessions Judge, Bhadrak which was allowed vide order dated 15.7.2015 in BLAPL No. 1105 of 2015 but the following conditions were imposed: