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Sipun Das & Another vs State Of Odisha

Orissa High Court · Decided on 3 May 2023 · Citation: (2023) 05 OHC CK 0048

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 394, 427 · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4799 Of 2023
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Judgment

13 paragraphs · 312 words

V. Narasingh, J

1.

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

2.

The Petitioners are accused in G.R. Case No.428 of 2023 pending on the file of learned S.D.J.M, Angul, arising out of Angul Sadar P.S Case No.135 of 2023 for commission of the alleged offence under Sections 394/427 IPC and Sections 25/27 of the Arms Act.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. District & Sessions Judge-cum-Special Judge (Vigilance), Angul by order dated 21.04.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners are in custody since 2.4.2023 on the allegation of looting mobile phones, batteries and cash of Rs.3,000/- by showing fire arm.

5.

It is further submitted that the cash and stolen articles have been recovered and the Petitioners are the first offenders.

6.

Learned counsel for the State opposes the prayer during currency of investigation.

7.

Taking into account the age of the Petitioners and that they are the first offenders, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Before releasing the Petitioners on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall stand recalled.

9.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every 15 days 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.

The BLAPL thus stands disposed of.

11.

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

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