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Dillip Sahoo & Another vs State Of Odisha

Orissa High Court · Decided on 4 September 2023 · Citation: (2023) 09 OHC CK 0035

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 420
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8047 Of 2023
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Judgment

14 paragraphs · 358 words

V. Narasingh, J

1.

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

2.

The petitioners are accused in G.R. Case No.463 of 2023 pending in the Court of learned J.M.F.C.-IV (Cog Taking), Cuttack, arising out of Madhupatna P.S. Case No.154 of 2023 for commission of the alleged offence under Sections 420/201/34 of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Additional Sessions Judge (LR & LTV), Cuttack by order dated 11.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioners are in custody since 05.05.2023 on the allegation that they duped the informant in the guise of repairing old gold ornaments.

5.

It is stated by the learned counsel that since charge sheet has been filed on 31.05.2023, the petitioners may be released on bail.

6.

In the meanwhile, it is submitted that part of the gold ornaments have already been recovered in accordance with the statement recorded under Section 27 of Evidence Act.

7.

It is further submitted that the petitioners are accused in one Bidanasi P.S. Case No.122 of 2022 and save and except the said case, there is no other criminal antecedent.

8.

Learned counsel for the State opposes the prayer for bail and submits that the petitioners have been identified in T.I. Parade and submits that keeping in view their criminal antecedent, they ought not to be released on bail.

9.

Taking note of the recovery and one criminal antecedent as stated, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

10.

Before releasing the petitioners, learned Court in seisin is called upon to verify as to whether the petitioners have any other criminal antecedent than the one as noted above. If it comes to the fore that the petitioners have any other criminal antecedent than the one noted above, this order shall stand recalled.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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