CourtKutchehry.com
High CourtsSingle Bench

Narayan Sahoo vs State Of Odisha

Orissa High Court · Decided on 10 April 2023 · Citation: (2023) 04 OHC CK 0105

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1929 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

15 paragraphs · 374 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in G.R. Case No.283 of 2023 pending on the file of learned S.D.J.M., Kendrapara arising out of Marsaghai P.S. Case No.35 of 2023, for commission of alleged offences under Section 395 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara, by order dated 09.02.2023 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 27.01.2023 on the accusation that he along with other co-accused committed theft of electrical conductors in a pickup Van.

5.

It is further submitted that since investigation has progressed substantially, the Petitioner may be released on bail.

6.

It is stated that the co-accused, namely, Anil Sahoo has been released on bail by order dated 15.03.2023 in BLAPL No.1680 of 2023. Hence, he seeks release, inter alia, on the ground of parity.

7.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the Petitioner.

8.

It is submitted by the learned counsel for the Petitioner that after being taken into custody in this case, the Petitioner has been arrayed as an accused in other cases to which reference has been made by the learned counsel for the State.

9.

An affidavit has been filed by the wife of the Petitioner regarding criminal antecedents of the Petitioner. The same is taken on record.

10.

Considering the nature of accusation in the case at hand 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 over the matter.

11.

Additionally, it is further directed that the Petitioner shall appear before the jurisdictional police station 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.

12.

The BLAPL thus stands disposed of.

13.

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

…………………………