Sushil Sahu vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with C.T. Case No.625 of 2023, pending in the Court of learned S.D.J.M., Jharsuguda, arising out of Laikera P.S. Case No.89 of 2023, for alleged commission of offences under Section 379 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge, Jharsuguda by order dated 17.07.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 24.06.2023 and the allegation against him is that he along with other co-accused were trying to commit theft of shutter from the Check Dam of Hatianala river.

It is further submitted that since investigation has progressed substantially, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of criminal proclivity of the Petitioner.

On instruction, learned counsel for the Petitioner submits that including the case at hand the Petitioner is cited as an accused in three cases of similar nature.

Considering the nature of accusation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedents.

If it comes to fore that the Petitioner is accused in more than 3 cases and the nature of the cases are not same as stated at the Bar, this order shall stand recalled.

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 learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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