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Laxman Barik vs State Of Odisha

Orissa High Court · Decided on 28 February 2023 · Citation: (2023) 02 OHC CK 0186

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 399, 402 · Arms Act, 1959 — Section 25
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1394 Of 2023
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Judgment

15 paragraphs · 340 words

V. Narasingh, J

1.

An appearance memo has been filed by Mr. Milan Kanungo, learned Senior Advocate appearing for the Petitioner in Court today. The same is taken on record.

2.

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

3.

The Petitioner is an accused in G.R. Case No.829 of 2022, pending in the file of learned J.M.F.C., Barbil, arising out of Barbil P.S. Case No.247 of 2022, for commission of alleged offences under Sections 399/402 IPC and Section 25 of the Arms Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua, by order dated 02.02.2023 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitoner is in custody since 10.10.2022 and as charge sheet has been filed on 5.2.2023, his further continuance in custody is not warranted. The final form filed in Court is taken on record.

6.

It is further submitted that the basis of implication is on account of co-accused statement.

7.

It is stated that the co-accused has already been released on bail by order dated 14.02.2023 in BLAPL No.1013 of 2023. Hence, inter alia, on the ground of parity, he seeks release.

8.

Learned counsel for the State opposes the prayer for bail.

9.

Perused the order of rejection.

10.

Considering the release of the co-accused, manner of implication of the Petitioner in the case at hand and filing of the charge sheet, this Court directs the Petitioner to be released on bail on terms to be fixed by the learned Court in seisin.

11.

Keeping in view the criminal proclivity of the Petitioner, it is directed that he shall appear before the jurisdictional police station once every week till conclusion of trial and certification of such appearance shall be submitted to the learned Court in seisin.

12.

Accordingly, the BLAPL stands disposed of.

13.

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

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