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Sudhansu Khilar vs State of Orissa

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0207

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10514 Of 2023
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Judgment

13 paragraphs · 356 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. Case No.20/43 of 2023 pending on the file of learned Asst. Sessions Judge, Keonjhar, arising out of Kanjipani P.S. Case No.127 of 2022 for commission of the alleged offence under Section 395 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Keonjhar, by order dated 07.08.2023 in the aforementioned case, the present bail application has been filed.

4.

It is stated by the learned counsel that the co-accused persons have since been released on bail by order dated 19.04.2023 in BLAPL Nos.1601 & 1618 of 2023 and hence the petitioner seeks release inter alia on the ground of parity.

5.

It is further submitted by the learned counsel that like the co-accused the petitioner has been arrested in Keonjhar Sadar P.S. Case No.336 of 2022 and he has been remanded in the case at hand because of his criminal proclivity and save and except the said case the petitioner does not have any other antecedent.

6.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner as noted.

7.

Taking into account the release of the co-accused, this Court directs the petitioner to be released on bail on terms to be fixed by the learned Court in seisin.

8.

Before releasing the petitioner on bail, learned Court below shall verify whether the petitioner has any other criminal antecedent than the one noted above. If it comes to fore that the petitioner has any such criminal antecedent, this order shall stand recalled.

9.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every month 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 Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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