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Judgment
14 paragraphs · 422 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in C.T. Case No.17 of 2023 pending on the file of learned C.J.M.-cum-A.S.J., Phulbani, arising out of Phulbani Town P.S. Case No.6 of 2023 for commission of offence alleged under Sections 420/406/409/120(B)/34 IPC.
Learned counsel, on instruction, submits that except the present BLAPLs, no other bail applications of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Phulbani by order dated 24.01.2024 in the aforementioned case, the present BLAPL has been filed.
This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was allowed to be withdrawn by order dated 21.09.2023 in BLAPL No.1778 of 2023.
It is submitted by the learned counsel for the Petitioner that in the meanwhile trial has already commenced and since he is in custody since 12.01.2023 and co-accused persons have since been released on bail by this Court by order dated 20.12.2023 in BLAPL No.1347 of 2023 and by order dated 29.08.2023 in BLAPL No.5971 of 2023, further continuance of the Petitioner in custody is unwarranted.
Learned counsel for the State opposes the prayer for bail inter alia submitting that the offence alleged is an economic offence and no leniency ought to be shown merely because the co-accused persons have been released on bail.
Considering the role ascribed to the Petitioner and since trial has commenced and since the Petitioner is stated to be the first offender, this Court directs his release on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.
Before releasing, learned Court in seisin is requested to verify the criminal antecedent of similar nature. If it comes to fore that the Petitioner has criminal antecedent of similar nature, this order shall not be given effect to.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month 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.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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