High CourtsSingle Bench

Tasim Alam & Another vs State of Orissa

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0195

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 394
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9476 Of 2023
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Judgment

13 paragraphs · 307 words

V. Narasingh, J

1.

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

2.

The petitioners are accused in connection with G.R. Case No.416 of 2023, pending in the Court of the learned J.M.F.C., Barbil, arising out of Rugudi P.S. Case No.35 of 2023, for alleged commission of offences under Sections 394/34 of IPC

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua, by order dated 20.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioners are in custody since 18.05.2023 and as charge sheet has been filed on 13.09.2023 and as the stolen cash and mobile phone has been recovered, further continuance of the petitioners in custody is unwarranted.

5.

It is submitted by the learned counsel for the petitioners that the petitioners are the first offenders.

6.

Learned counsel for the State opposes the prayer for bail.

7.

Taking into account the nature of allegation and filing of the charge sheet, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Additionally, it is directed that the petitioners 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 learned Court in seisin.

9.

Before releasing the petitioners, learned Court in seisin is called upon to verify criminal antecedent of the petitioners. If it comes to the fore that the petitioners have any criminal antecedent, this order shall stand recalled.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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