Siba Sarbhang v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4859 of 2022 Siba Sarbhang ....

Petitioner Mr. P.K. Mishra, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 30.09.2022 1.

These matters are taken up through hybrid mode. Order No.

3.

2.

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

3.

The petitioner is in custody since 05.03.2022 in connection with Tarava P.S. Case No. 149 of 2021 corresponding to G.R. Case No. 141 of 2021 pending in the court of learned J.M.F.C, Tarava for the alleged commission of offence under Section 395 of IPC. 4.

An affidavit has been sworn on behalf of the petitioner giving details of the cases registered against him apart from the present case. It appears that the petitioner is involved in thirteen cases, out of which in four cases he has been released on bail and in the other cases, he has been remanded while in custody in other cases. Coming to the present case, the allegation is that the petitioner in association with several other persons committed dacoity in the house of the informant.

5.

Considering the submissions made, the materials on record, the period of detention in custody 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 following conditions:- (i) He shall personally appear before the IIC of Tarava police station on every Sunday at 10.00 a.m. till conclusion of trial and such fact shall be certified by the I.I.C. to the concerned Court once in a month.

(ii) He shall personally appear before the trial court on each date of posting of the case and in case of even a single default, NBW shall be issued by the court below to take him to custody again.

6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge BC Tudu