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Zamaluddin Khan vs State Of Odisha

Orissa High Court · Decided on 28 May 2024 · Citation: (2024) 05 OHC CK 0237

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 147, 148, 149, 294, 323, 336, 341, 353, 506 · Prevention of Damage to Public Property Act, 1984 — Section 3 · Criminal Law (Amendment) Act, 2013 — Section 7
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5092 Of 2024
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Judgment

14 paragraphs · 365 words

V. Narasingh, J

1.

This matter was not on Board but on the basis of special notice the same is taken up today in view of urgency.

2.

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

3.

The Petitioners are accused in connection with C.T. Case No.279 of 2024, pending on the file of learned J.M.F.C. (R), Balasore arising out of Remuna P.S. Case No.68 of 2024, for commission of alleged offences under Sections 147/148/341/294/323/506/336/353/120-B/149 IPC read with Section 3 of the Public Property (Prevention of Damage) Act and Section 7 of the Criminal Law (Amendment) Act.

4.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balasore by order dated 13.05.2024 in the aforementioned case, the present BLAPL has been filed.

6.

It is submitted by the learned counsel that keeping in view the pre-trial detention and the progress in investigation, the Petitioners may be released on bail.

7.

Learned counsel for the State opposes the prayer for bail referring to the order of rejection.

8.

Taking into account the nature of allegation and the progress in investigation, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Save and except Petitioner No.8 (Kudratur Bibi), before releasing, learned Court in seisin is requested to verify the criminal antecedent of rest of the Petitioners. If it comes to the fore that the said Petitioners have any criminal antecedent, this order shall not be given effect to.

10.

Additionally, it is directed that the Petitioners except Petitioner No.8 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.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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