Kawadi Pewal Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6541 OF 2022 Kawadi Pewal Nath .........

Petitioner Mr.A.K.Rout, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

28.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The Petitioner is an accused in connection with G.R. Case No.785 of 2022 arising out of Bidanasi P.S. Case No. 109 of 2022 on the file of learned SDJM(Sadar),Cuttack, registered for the alleged commission of offence under Sections 392/34 of the I.P.C. 4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Cuttack by order dated 28.06.2022in BLAPL No.723 of 2022, the present BLAPL has been filed. The petitioner is stated to be in custody since22.06.2022.

5.

Learned counsel for the petitioner submits that petitioner has no criminal proclivity.

6.

Taking note of submission of the learned counsel for the petitioner that co-accused has been released on bail by the learned court

in seisin over the matter, this Court directs that the petitioner shall be released on bail on such terms to be fixed by the learned court in seisin over the matter.

7.

While so releasing by the learned court in seisin over the matter to check the veracity of the submission of the learned counsel for the petitioner regarding the criminal proclivity. If it comes to the fore that the petitioner has any criminal proclivity, the present order shall stands recalled.

8.

Additionally, it is directed that the petitioner shall appear in the jurisdictional Police Station once every seven days till submission of the Final Form and such appearance to be certified by the I.I.C. concerned. Further one of the sureties shall be the immediate family member of the petitioner. Violation of such appearance shall entail cancellation of bail.

9.

Accordingly, the BLAPL stands disposed of.

10.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal