Natha Selma v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6725 of 2022 Natha Selma & Others ....

Petitioners Mr. S.K. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

07.12.2022 Order No.

03.

1.

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

2.

The petitioners are accused in G.R. Case No.452 of 2020 pending in the Court of learned S.D.J.M. Titilagarh, arising out of Titilagarh P.S. Case No.344 of 2020, offences under Sections 395/427/342/506 of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Titilagarh, by order dated 05.07.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioners are in custody since 27.06.2022 and charge-sheet has been filed on 21.07.2022.

5.

It is submitted with vehemence by the learned counsel that the petitioners are innocent and because of their criminal proclivity, they have been implicated in the case at hand and since charge-

sheet has already been filed, their further continuance in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail and on instruction submits that the petitioner Nos.1 & 5 have twelve criminal antecedents of similar nature and petitioner Nos.4 & 6 have eight criminal antecedents and petitioner Nos.2 & 3 have one criminal antecedents each and petitioner No.7 has two criminal antecedents.

7.

Keeping in view the criminal proclivity of the petitioner Nos.1 & 5, this Court is not inclined to entertain the bail application of the petitioner Nos. 1 & 5 at this stage. 8.

The petitioner Nos. 2 to 4, 6 & 7 are directed to be released on bail on terms to be fixed by the learned Court in seisin over the matter.

9.

Keeping in view the criminal proclivity of the petitioners, it is directed that they shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin over the matter till conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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