Sonu Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6567 of 2022 Sonu kumar Jena ....

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

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

24.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with G.R. Case No.607 of 2021, pending before the learned S.D.J.M., Hindol, arising out of Rasol P.S. Case No.193 of 2021, for offences under Sections 379/120-B/34 of IPC read with Section 15(2)/(4) of PMPL amendment Act, 2011 and Section 3/4 of PDPP Act, 1984. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Hindol, by order dated 06.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that because of the criminal proclivity of the petitioner, he has been remanded in a case at hand on 21.06.2022 and it is stated that the co-accused similarly placed have been released on bail by this Court by order dated 23.02.2022 in BLAPL No.583 of 2022 and by

order dated 24.08.2022 in ABLAPL No.1067 of 2022. Hence, it is stated that further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail on the basis of the rejection order submitted that admittedly the petitioner is a history cheater and hence releasing him at this stage will affect the ongoing trial.

7.

Considering the submission of the petitioner and substantial progress in the investigation and the release of the coaccused on bail and on anticipatory bail, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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