Alok Mahapatra Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Turumunga P.S. Case No. 23 of 2023 corresponding to G.R. Case No. 131 of 2023 pending in the court of the learned J.M.F.C. (Cog. Taking), Keonjhar where chargesheet dated 30.09.2023 has been filed against 7 persons including the petitioner for commission of offences punishable under Section 395 of the IPC.

The prayer for bail of the petitioner has been rejected vide order dated 15.09.2023 passed by the learned District and Sessions Judge, Keonjhar in Bail Application No. 250 of 2023 when investigation was in progress.

The prosecution allegation in brief against the petitioner is that on the night of 15/16.02.2023 at about 12.20 A.M., the petitioner along with other accused had come to the Dadhibaban Service Station (Petrol pump) at Dumuriguda and asked the nozzle man to fill up the tank of the car bearing No.OD-02BL-8967. After filling of the oil to the value of Rs.3,400/- when asked for money, the accused persons showed a knife and took away cash of Rs.3,200/- and the mobile phone of the attendant and left the spot. The petitioner was arrested in Joda P.S. Case No. 101 of 2023 on 10.04.2023 and has been remanded in this case on 21.07.2023 on the basis of production warrant.

Mr. Sidhartha Das, learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2023 and since investigation has been completed, the prayer for bail of the petitioner may be sympathetically considered as he has been released on bail in all the 4 cases which are stated to be pending against him.

List this matter on 29.01.2024 to enable learned counsel for the petitioner to file a comprehensive affidavit indicating the details of the cases pending against the petitioner and the details of the bail orders.

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