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Orissa High CourtBLAPL/1510/2022disposed off

Pradeep Das v. State Of Odisha

2022-03-14Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1510 of 2022 Pradeep Das ....

Petitioner Mr. H.N. Tripathy, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

14.03.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 24.01.2022 in connection with Colliery P.S. Case No.39 of 2022 corresponding to G.R. Case No.177 of 2022 pending in the Court of learned S.D.J.M., Talcher for the alleged commission of offence under Sections 379/413/120(B) of IPC.

4.

It is submitted that the petitioner was implicated in the case on the basis of the statement of the co-accused. It is further submitted that the petitioner is the owner of the truck, which was used for theft of coal by the driver.

5.

Learned Addl. Standing Counsel has opposed the prayer for bail by submitting that the petitioner is a habitual offender being involved in series of cases involving similar offence. 6.

Considering the submissions, materials on record and the fact that the petitioner appears to have been implicated on the so called confession made by the driver of the truck, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such

terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case, failing which necessary orders may be passed to take him to custody again by the Court below. Further he shall appear before the IIC of Colliery Police Station, Angul on every Monday for a period of six months and such fact shall be certified by the IIC of the concerned Police Station once in every month. 7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana