NABIN KUMAR SAHU @ SAHOO Vs. STATE OF ORISSA

JUDGEMENT

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

(2.) The petitioner being in custody in G.R. Case No. 122 of 2015 arising out of Dunguripali P.S. Case No.87 of 2015 pending in Court of learned J.M.F.C., S. Rampur, has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Section 409 of the I.P.C.

(3.) It appears that the petitioner being in custody in the aforesaid case which is being tried by the Magistrate had made a prayer under Section 437 (6) of the Cr.P.C. seeking his release on bail, inasmuch as trial was not completed within the period stipulated and as such he has invoked jurisdiction of the Magistrate to grant him bail, though there is no dispute that the trial Court could not be concluded the case within the time stipulated and also Section 437 (6) mandates to release him on bail, but the learned J.M.F.C., S. Rampur exercising his discretionary jurisdiction in this regard, refused him to be released on bail taking note of the fact that the offence alleged prescribed imprisonment for life, the petitioner has contributed to the delay in disposal of the case and as the informant is yet to be examined, there is possibility of tampering of the evidence, if the petitioner released on bail. However, challenging the same, a prayer for bail was made before the learned Sessions Judge and the learned Sessions Judge has also rejected the same.