Sk. Ibatullah Khan @ Kurban vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with G.R. Case No.154 of 2022 pending on the file of learned N.G.N.-cum-J.M.F.C., Tangi, arising out of Nirakarpur P.S. Case No.53 of 2022 for commission of offence alleged under Sections-395 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application 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 1st Addl. Sessions Judge, Khurda by order dated 11.03.2024 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 25.07.2022 and as charge sheet has already been filed in the meanwhile, his further continuance in custody is not warranted.

It is further submitted by the learned counsel that the stolen articles along with truck have already been recovered.

Learned counsel for the State opposes the prayer and submits that the Petitioner is a habitual offender and has been identified in T.I. parade in the case at hand. Hence no leniency ought to be shown to him.

Taking into account the period in custody and recovery as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that he shall appear before the jurisdictional police station once twice every week 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. In the event there is any violation, this order shall not be given effect to.

Accordingly, the BLAPL stands disposed of.

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

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