Decided on March 04,1968

Pramode Chandra And Ors. Appellant
STATE Respondents


C. Jagannadhacharyulu, J. - (1.) THIS is a petition filed under Section 498 Cr. P.C. against the order of the Sessions Judge of Tripura in Criminal Motion No. 37 of 1968, dated 21 -2 -1968, refusing to grant bail to the three petitioners concerned under Sections 395 and 397 I.P.C. in G. R. Case No. 100 of 1967, Kamalpur, Police Station Case No. 1 (12) 67.
(2.) THE case of the prosecution is that at about 2 or 3 A. M. on 2 -12 -1967 one Kamar Uddin of Methirma village came outside his hut to answer call of nature, that after going back into his hut, he warmed himself by kindling the fire, that after a while he went to bed keeping the fire kindling and the door unbolted, that then about 10 persons including the petitioners entered into the hut and committed dacoity by stealing Rs. 1750/ - in cash and other articles and after causing severe injuries to Kamar Uddin, that Kamar Uddin, his wife and his niece recognized the petitioners and that at about 8 A. M. the F.I.R. was lodged with the Police Station. It is the further case of the prosecution that the three petitioners were arrested on 3 -12 -1967 when they were hiding inside a bamboo basket for storing paddy in a different village altogether and that they are liable to be punished under Sections 395 and 397 I.P.C. It appears that the lower Courts released two accused on bail; but both the S. D. M. and the Sessions Judge refused to enlarge the petitioners on bail on the ground that they are likely to abscond, if released. Hence the present petition.
(3.) THE point for determination is whether the petitioners are entitled to be released on bail.;

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