High CourtsSingle Bench

Jagadish Acharya vs State Of Odisha

Orissa High Court · Decided on 24 March 2023 · Citation: (2023) 03 OHC CK 0181

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 394
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1343 Of 2023
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Judgment

13 paragraphs · 302 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in C.T. Case No.06/182 of 2022 pending on the file of learned 2nd Addl. Sessions Judge, Bhubaneswar arising out of Nayapalli P.S. Case No.22 of 2022 for commission of the alleged offence under Section 394 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Bhubaneswar by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 26.2.2022 on the accusation of snatching gold chain and mobile phone from the Informant along with co-accused.

5.

It is further submitted since charge sheet has been filed on 25.6.2022, the Petitioner may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground of criminal proclivity as stated in the order of rejection.

7.

Learned counsel for the Petitioner submits that in the case in which the Petitioner has been cited as an accused, he has been either acquitted or released on bail.

8.

Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Keeping in view the criminal proclivity, additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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