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Judgment
16 paragraphs · 496 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners accused in C.T. No.693 of 2022 pending on the file of learned J.M.F.C., Betnoti, arising out of Betnoti P.S. Case No.252 of 2022 for commission of the offence alleged under Sections 454/380 IPC.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Baripada by order dated 10.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners’ implication is on the basis of the co-accused statement and taking into account that the Petitioners are in custody since 05.11.2022 and charge sheet has been filed on 28.11.2022, their further continuance in custody is not warranted.
Learned counsel for the State opposes the prayer for bail referring to the criminal antecedents of the Petitioners.
So far as criminal antecedents are concerned, affidavits have been filed at the behest of the Petitioners and it is stated that the each of the Petitioners have 8 antecedents. The same are taken on record.
It is submitted by the learned counsel for the Petitioners that the Petitioners have been acquitted in 5 cases and 3 cases are pending trial.
It is stated that the co-accused have been released on bail by order dated 27.01.2023 in BLAPL No.462 of 2023. Hence, inter alia, on the ground of parity, the Petitioners seek release.
Learned counsel for the State further submits that since the Petitioners do not reside within the jurisdiction of the learned Court in seisin, it would be difficult to ensure their presence during trial and in view of their criminal proclivity it would not be prudent to release them on bail.
Taking into account the nature of allegation and release of the co-accused, this Court , this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioners during trial since they do not belong to the State of Odisha, additionally it is directed that they shall appear before the jurisdictional police station once every fifteen days till conclusion of trial on such date and time specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court. Violation of any of the conditions shall entail cancellation of bail, without reference to this Court.
Before releasing, learned Court in seisin is called upon to obtain instruction regarding criminal antecedents of the Petitioners from their parent Police Stations. If it comes to fore that the Petitioners have criminal antecedent of any nature, this order shall stand recalled.
The BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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