Dharinuddin Khan @ Dharim Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.384 of 2022 Dharinuddin Khan @ Dharim Khan ....

Petitioner Mr. A.K. Mishra-3, Advocate -versusState of Odisha ....

Opp. Party Mr. Sk. Zafarulla, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.02.2022 01.

1. This matter is taken up through Video Conferencing mode.

2. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Chandapur P.S. Case No.156 of 2021, corresponding to G.R. Case No.374 of 2021, pending in the Court of the learned J.M.F.C., Ranpur for alleged commission of offences under Sections 457/380/34 of the Indian Penal Code.

3.

It is submitted by learned counsel for the Petitioner that one co-accused, namely, Debasis Pradhan, on similar footing with the present Petitioner has already been released on bail by this Court vide BLAPL No.11321 of 2021 order dated 27.01.2022.

4. Upon consideration of the submissions made by the respective parties as well as on perusal of the records and on consideration of the peculiar facts and circumstances of the case and considering that

// 2 // petitioner is languishing in jail custody since 16.11.2021 and that coaccused has already been released on bail, I am inclined to release the Petitioner on bail in the above case, on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to condition that the Petitioner shall not indulge in such type of offence while on bail and shall appear before the concerned Police Station in every week preferably on Sunday between 10 A.M. and 1.00 P.M. till conclusion of the trial. Further, it is open to the court in seisin over the matter to impose any additional condition (s), if situation so warrants.

5. The BLAPL is accordingly disposed of.

6. As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Jagabandhu ( A.K. Mohapatra) Judge