Debashish Suhura vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in C.T. Case No.199 of 2023 pending on the file of learned J.M.F.C-I, Jharsuguda arising out of Badmal P.S. Case No.63 of 2023 for commission of the offence under Sections 457/380 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Jharsuguda, by order dated 19.04.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 3.4.2023 on the accusation of commission of theft of cash and other valuables from the house of the Informant.

It is revealed from the order of rejection that the stolen articles have been seized and given zima to the Informant save and except the gold ear rings and mobile phone set.

On instruction, learned counsel for the Petitioner submits that the Petitioner is the first offender.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

Considering the period of custody and the progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall find out whether the Petitioner has any criminal antecedent. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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