Md. Ibrar Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4920 of 2022 Md. Ibrar Khan ....

Petitioner Mr. T. Nanda, Advocate -versusState of Odisha ....

Opposite Party Mrs. S. Rani Sahoo, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as leaned counsel for the State. Perused the F.I.R., Case Diary and other relevant documents.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The petitioner is an accused in C.T. Case No.130 of 2022 corresponding to Kesinga P.S. Case No.134 of 2022 pending in the court of learned J.M.F.C., Kesinga for commission of offence punishable under Sections 379/411/34, I.P.C.

5.

It is alleged that the petitioner has purchased the stolen such scrap vehicle from the co-accused persons.

6.

It is submitted by learned counsel for the petitioner that the name of the petitioner has not been placed in the F.I.R. and the petitioner has been implicated in this case on the basis of confessional statement of the co-accused person. He further submits that the alleged stolen

// 2 // vehicle has already been recovered and and he is in custody since 02.05.2022.

7.

Learned counsel for the State vehemently opposes the prayer for bail of the petitioner.

8.

Having heard learned counsel for the parties and considering the period of detention of the petitioner, it is directed that let the petitioner be released on bail by furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one local solvent surety for the like amount to satisfaction of the learned court in seisin over the matter subject to conditions that :- I.

The petitioner shall not be involved in any offence of similar nature;

II.

he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses or the informant or his family members in any manner whatsoever; and III.

he shall not make any default in attending the court during trial on each date.

Violation of any of the terms and conditions shall entail cancellation of bail.

9.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper.

10.

The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Vacation Judge Jagabandhu

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