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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Tamando PS Case No.218 of 2024 corresponding to CT Case No.514 of 2024 pending in the file of learned JMFC-I, Bhubaneswar, being charge sheeted for commission of offences punishable U/Ss. 420/467/468/471 of IPC.
The allegation against the Petitioner is that she had taken a sum of Rs.1,20,00,000/- from the informant for fictitious sale of two houses/flats and towards agreement for sale of another flat, but subsequently the informant only found the Petitioner to have been arrested by EOW in cheating case and thereby, she lodged an FIR against the Petitioner resulting in submission of charge sheet in this case for offences U/Ss. 420/467/468/471 of IPC.
Heard, Mr. Debasnan Das, learned counsel for the petitioner and Mr. P.Satpathy, learned Additional Public Prosecutor in the matter and perused the record.
After having considered the rival submissions upon perusal of record, it is not in dispute that the Petitioner is in custody since 26.07.2024, but trial has commenced with framing of charge on 05.05.2025 and the first date fixed for taking evidence was on 14.05.2025, however, the trial is yet to be completed even after the statutory period of 60 days for completion of trial for Magistrate Triable Offences as provided in Sec. 480(6) of BNSS. The trial in this case is right now pending in the Court of learned JMFC who is competent to impose maximum punishment up to imprisonment for three years.
On a bare perusal of the provision of Section 480(6) of BNSS, one thing comes to the mind of the Court that the provision appears to be more mandatory than discretionary, nonetheless it is not an absolute right of an accused, but confining an offender/accused for indefinite period on the expectation of conclusion of trial on one day is not the spirit of Article 21 of the Constitution of India. Additionally, the petitioner is facing trial in the Court of learned JMFC-I, Bhubaneswar, who is competent to impose punishment of imprisonment up to three years, but the petitioner has already suffered incarceration of more than two years. In the aforesaid facts and situation and on consideration of materials placed on record and taking into account the snail’s pace of trial together with the provision of Section 480(6) of BNSS and that too, when the petitioner is a lady, who qualifies for bail on the first proviso appended to Section 480 of BNSS, this Court without expressing any view on merits admits the petitioner to bail.
Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing property surety of Rs.5,00,000/-(Rupees Five Lakhs) free from any encumbrance, in addition to bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
the petitioner shall co-operate the further trial &
the petitioner shall not leave the country without prior permission of the learned trial Court till disposal of the case by surrendering her passport, if not already surrendered or seized. If the petitioner is not a holder of Passport, she may swear an affidavit to that effect & produce it before the learned trial Court.
Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.