Sk. Mehmood v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5893 OF 2022 Sk. Mehmood .........

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ............

Opposite Parties Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

20.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 895 of 2022 arising out of Balichandrapur P.S. Case No. 212 of 2022, pending on the file of the learned J.M.F.C., Chandikhole for the alleged commission of offence under Sections341/342/323/384/506 of the I.P.C. 3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Assistant Sessions Judge, Chandikhole by Order dtd. 23.06.2022 in Bail Application No. 138 of 2022, the present BLAPL has been filed. 4.

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

5.

Considering the nature of allegation and the punishment prescribed this Court directs the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter.

`6.

While so releasing, the learned Court below shall take into account the submission made across the bar that the petitioner has no criminal proclivity.

7.

In the event, it comes to the fore that the petitioner has criminal antecedent, this order stand recalled without further reference to this Bench and while releasing the petitioner on bail, the learned Court below shall additionally stipulate that, he shall appear once every week before the jurisdictional Police Station till conclusion of the trial, the first date of such appearance to be fixed by the learned Court in seisin over the matter. 8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge