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Srikanta Suna vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0112

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 201, 302, 323, 342, 364
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2613 Of 2023
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Judgment

14 paragraphs · 371 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in connection with S.T. No.84 of 2022, pending in the Court of the learned Sessions Judge, Sambalpur, arising out of Khetrajpur P.S. Case No.121 of 2022, for alleged commission of offence under Sections 323/364/302/201/147/148/149/342/307 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sambalpur, by order dated 22.02.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 01.05.2022 and as charge sheet has been filed on 18.8.2022, he may be released on bail.

5.

It is further submitted that in the meanwhile co-accused Kalpana Suna has been released on bail by order dated 19.01.2023 in BLAPL No.11554 of 2022 and Jibardhan Suna by order dated 22.08.2023 in BLAPL No.5863 of 2023 and co-accused Damayanti Badi has been released on bail by the learned Addl. Sessions Judge, Sambalpur in BLAPL No.1048/55 of 2022. Hence, he seeks release, inter alia, on the ground of parity.

6.

Learned counsel for the State opposes the prayer and places the statements of Sukun Lambha (C.W.12), Anu Srichuan (C.W.14) and Chaitanya Suna (C.W 15).

7.

It is the submission of the learned counsel for the State that the co-accused were released on bail because they are ladies and the present Petitioner is not similarly circumstanced with Jibardhan Suna, who has since been released.

8.

Learned counsel for the Petitioner reiterates his statement that the principal accused are Radhakanta Suna and Sujit Badi and the Petitioner is ex facie similarly placed with Jibardhan Suna.

9.

Considering the nature of allegation and release of the co-accused more particularly Jibardhan Suna, as referred to hereinabove, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin subject to verification of criminal antecedent, if any.

10.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand called.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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