M.D Aslam @ Muna vs State Of Orissa

V. Narasingh, J

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

The Petitioner is an accused in G.R. Case No.80 of 2023, pending in the Court of learned S.D.J.M., Keonjhar, arising out of Keonjhar Sadar P.S. Case No.32 of 2023, for commission of offence under Sections 379/201/34 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge (Vig), Keonjhar by order dated 09.02.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 21.01.2023 on the accusation of committing theft of a truck.

Relying on the order dated 17.03.2023 relating to the co-accused M.D Sahazada Alam passed by this Court in BLAPL No.2227 of 2023, the petitioner seeks release inter alia on the ground of parity.

Learned counsel for the petitioner further submits that the accusation is on account of the co-accused statement. Hence, further continuance in custody is unwarranted.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the petitioner, as noted in the rejection order.

Considering the manner of accusation in the case at hand, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

Additionally, it is directed that one of sureties shall be immediate member of the family of the petitioner.

It is further directed that the petitioner appear before the I.O. once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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