Md. Sahil v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1895 of 2022 Md. Sahil ....

Petitioner Mr Dhirendra Kumar Mohapatra, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 30.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

6.

2.

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

3.

The petitioner is in custody since 07.12.2021 in connection with Sundargarh Town P.S. Case No. 320 of 2021 corresponding to G.R. Case No. 1875 of 2021 pending in the Court of learned S.D.J.M., Sundargarh for the alleged commission of offence under Section 394 of IPC read with Sections 25 and 27 of Arms Act. 4.

The prosecution allegation is that the petitioner, who was an occupant of the auto rickshaw along with other accused persons went to a petrol pump and committed dacoity of cash Rs. 1,64,931/- from the cash counter. It is submitted that the petitioner was merely travelling in the auto rickshaw and had no role to play in the incident. It appears that a sum of Rs.12,000/- and one pistol was recovered from the possession of the petitioner.

5.

Considering the submissions as above and the materials on record and the fact that charge sheet has already been submitted, 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 the petitioner shall personally appear before the IIC of Sundargarh Town police station on every Monday at 10.00 A.M. for a period of six months and such fact shall be certified by the IO to the concerned court once in a month. Further, he shall appear before the trial court on each date of posting of the case personally and in case of even a single default, necessary order shall be passed to take him into custody again.

6.

The BLAPL is accordingly disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu