High CourtsSingle Bench

Sk.Amin @ Tibari @ Kala vs State Of Odisha

Orissa High Court · Decided on 8 June 2023 · Citation: (2023) 06 OHC CK 0030

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 394
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5753 Of 2023
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Judgment

10 paragraphs · 311 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 22nd November, 2022 having been remanded in connection with Chandrasekharpur P.S. Case No.293/2022 corresponding to C.T. Case No.5163/2022 pending in the court of learned J.M.F.C-II, Bhubaneswar for the alleged commission of the offence under Section 394 of I.P.C.

4.

It is alleged that the Petitioner and another person came in a motor cycle, snatched away gold chain from the neck of the Petitioner’s wife and also attacked her causing injuries.  It is submitted that the Petitioner was not named in the F.I.R. and has been implicated on the basis of the statement of the co-accused.

5.

Learned Addl. Standing Counsel for the State submitted that the Petitioner is a habitual offender and having as many as 12 criminal antecedents.

6.

Considering the rival submissions, the materials on record, the period of detention in custody and the fact that charge sheet has already been submitted, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again. Further, he shall appear before the I.I.C. of Chandrasekharpur P.S. on every Sunday at 10.00 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the Court once in a month.

7.

The BLAPL is disposed of.

8.

Urgent certified copy of this order be granted on proper application.

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