Hafiz @ Mahamad Rasid 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 G.R. Case No.159 of 2022, pending on the file of the learned G.N.-cum-JMFC, Raghunathpur, arising out of Raghunathpur P.S. Case No.163 of 2022, for commission of alleged offence under Section 395 IPC and Section 25 & 27 of the Arms Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jagatsinghpur, by order dated 13.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 05.03.2022.

It is submitted by the learned counsel for the petitioner that the vehicle which was allegedly used in the commission of the offence was recovered in front of the house of the co-accused Sahajan Khan and since the said Sahajan Khan along with co-accused Musa @ Rajat Kumar Mallick and Bapi @ Manoj Kumar Tripathy have already been enlarged on bail by this Court by dated 20.01.2023 in BLAPL No.11087 of 2022, BLAPL No.12754 of 2022 and by order dated 7.2.2023 in BLAPL No.11658 of 2022 respectively, the Petitioner may be released inter alia on the ground of parity.

Learned counsel for the State opposes the prayer for bail.

Keeping in view the release of the co-accused and submission of the learned counsel for the Petitioner, on instruction that charge sheet has been filed in the meanwhile, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

While releasing the Petitioner on bail, learned Court below shall verify assertion regarding the criminal antecedent of similar nature. If it comes to fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

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

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