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Judgment
13 paragraphs · 283 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.1188 of 2023 pending on the file of learned S.D.J.M., Jharsuguda, arising out of Jharsuguda P.S. Case No.357 of 2023 for commission of the offence under Section 379/34 IPC.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Jharsuguda, by order dated 24.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 26.06.2023 on the allegation of theft of motorcycle.
On instruction, learned counsel submits that Petitioner has one criminal antecedent of similar nature.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Taking into account the period of custody, nature of accusation and punishment prescribed, 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 the assertion that the Petitioner has one criminal antecedent of similar nature.
If it comes to fore that the Petitioner has more than one criminal antecedents, this order shall stand recalled.
Additionally, it is 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 Court in seisin.
10 . Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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