High CourtsSingle Bench

Mandhar Harijan vs State Of Odisha

Orissa High Court · Decided on 6 June 2023 · Citation: (2023) 06 OHC CK 0008

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395, 450 · Arms Act, 1959 — Section 25
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5829 Of 2023
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Judgment

13 paragraphs · 291 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.25 of 2023, pending in the file of the learned Chief Judicial Magistrate, Nabarangpur arising out of Tentulikhunti P.S. Case No.194 of 2022, for commission of offence under Sections 395/450 of IPC read with Section 25 of the Arms Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned C.J.M.-cum-A.S.J, Nabarangpur by order dated 17.05.2023 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 05.11.2022.

5.

It is further submitted that the co-accused has been released on bail by order dated 15.03.2023 in BLAPL No.955 of 2023. Hence, he seeks release, inter alia, on the ground of parity.

6.

Learned counsel for the State opposes the prayer for bail.

7.

Considering the nature of accusation and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of similar nature.

8.

If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

9.

Additionally, it is further directed that the petitioner shall appear before the jurisdictional police station once every fifteen days 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 learned Court in seisin

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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