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Sk. Jafar @ Bonty vs State Of Odisha

Orissa High Court · Decided on 28 August 2023 · Citation: (2023) 08 OHC CK 0183

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302, 379, 394, 498A
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8152 Of 2023
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Judgment

14 paragraphs · 347 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in C.T. Case No.732 of 2023 pending on the file of learned Sessions Judge, Baripada, Mayurbhanj, arising out of Baisinga P.S. Case No.243 of 2023 for commission of the offence under Section 394 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Baripada, by order dated 05.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

The allegation against the present Petitioner is that he along with co-accused assaulted the Informant and snatched away his money purse containing ATM Card and other valuable documents including cash of Rs.2150/-.

5.

On instruction, it is stated that the Petitioner is the first offender.

6.

In the affidavit, which is taken on record, it has been clarified that the Petitioner is an accused in Balasore P.S. Case No.205 of 2022 for commission of offence under Section 379 IPC but in the order of rejection, offence under Sections 498-A/302/34 IPC has been written, which is an error of record.

7.

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

8.

Taking note of the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner is an accused in Balasore P.S. Case No.205 of 2022 in terms of the affidavit filed. If such assertion is not correct, this order shall stand recalled.

10.

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.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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