Sankar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5846 of 2022 Sankar Das and another ....

Petitioners Mr. D. Routray, Advocate -versusState of Orissa ....

Opp. Party Mr. M. Mishra, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

24.11.2022 02.

1.

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

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioners for grant of bail in connection with Markatanagar P.S. Case No.36 of 2021 corresponding to G.R. Case No.237 of 2021 of the Court of learned S.D.J.M., Cuttack, for commission of offences punishable U/S. 392/34 IPC, on the allegation of snatching of chain from the neck of the Informant.

3.

In the course of hearing of the bail application, learned counsel for the Petitioners submits that the Petitioners have been remanded to this case since 25.06.2021, but trial is yet to be commenced and coaccused having similar allegation has already been granted bail in BLAPL No. 454 of 2022.

4.

On the contrary, learned counsel for the State vehemently opposes the bail application of the Petitioners by submitting inter-alia that the Petitioners are habitual offender and they have criminal antecedents of eighteen cases of similar nature. It is accordingly prayed by him to reject the bail.

// 2 // 5.

Considering the rival submissions made, the nature and gravity of accusations raised against the Petitioners, released of co-accused on bail and pre-trial detention of the Petitioners and taking into consideration the nature of offence and others circumstance involved in this case in entirety, this Court grants bail to the Petitioners. 6.

Hence, the prayer for the bail of the Petitioners stands allowed and the Petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the Petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with and that the Petitioners shall report attendance before the jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six months from the date of release from the custody. The I.I.C., of jurisdictional Police Station shall not detain the Petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the Petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.

7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules. Priyajit ( G. Satapathy) Judge