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Sankar @ Somanath Sahu & Another vs State Of Odisha

Orissa High Court · Decided on 24 March 2023 · Citation: (2023) 03 OHC CK 0185

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.12982 Of 2022
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Judgment

13 paragraphs · 357 words

V. Narasingh, J

1.

An affidavit has been filed by the mother of Petitioner No.1 indicating the criminal antecedents of Petitioner No.1 as well as Petitioner No.2. The same is taken on record.

2.

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

3.

The Petitioners are accused in G.R. Case No.575 of 2022 pending on the file of learned J.M.F.C., Buguda arising out of Buguda P.S. Case No.588 of 2022 for commission of the alleged offence under Section 395 IPC.

4.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Bhanjanagar by order dated 13.12.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioners are in custody since 19.10.2022 and as charge sheet has been filed on 27.12.2022, they may be released on bail.

6.

Learned counsel for the Petitioners relies on the order dated 1.2.2023 passed in BLAPL No.12851 of 2022 and the order dated 28.02.2023 in BLAPL No.14 of 2023 and seeks release, inter alia, on the ground of parity.

7.

Learned counsel for the State opposes the prayer, inter alia, on the ground of criminal antecedents of the Petitioners.

8.

Taking into account the filing of the charge sheet and release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Keeping in view the criminal proclivity of the Petitioners, additionally, it is directed that the Petitioners 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 Court in seisin and one of the family members of the Petitioners shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin. Any violation shall entail cancellation.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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