Kedarsan Panda vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Jajpur P.S. Case No.491 of 2023 corresponding to C.T. Case No.2983 of 2023 pending in the Court of the learned S.D.J.M., Jajpur for alleged commission of offence under Section 379 of the IPC.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 29.12.2023. Further contended that in the meantime the investigation has been concluded and final charge sheet has been filed. It was contended that alleged stolen scooty has already been recovered in the meantime and that while the Petitioner was in custody in connection with another case and he has been taken on remand in this case on 29.12.2023 and since that date he has been languishing in jail custody.

Learned counsel for the Petitioner submitted that although the Petitioner has some similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having similar criminal antecedents. Further contended that the in the event the Petitioner is released on bail there is a possibility he might indulge and similar criminal offences and the Petitioner may abscond which would eventually cause delay in conclusion of trial. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the fact that in the meantime investigation has been concluded and final charge sheet has been filed, this Court is inclined to release the Petitioner on bail on imposition of any stringent conditions.

Hence, it is directed that the Petitioner be released on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

I) shall appear before the jurisdictional Police Station once in a week for a period of four weeks preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter once in a month till conclusion of the trial.

Violation of any of the terms and conditions shall entail cancellation of bail.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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