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Orissa High CourtBLAPL/6905/2022allowed

Mohammad Arman @ Arman Sha v. State Of Odisha

2022-09-16Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6905 of 2022 Mohammad Arman @ Arman Sha ....

Petitioner Mr. B.K. Nayak, Advocate -versusState of Odisha ....

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

ORDER

16.09.2022 Order No.

02.

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 G.R. Case No.313 of 2022, pending in the file of learned JMFC, Pipili arising out of Pipili P.S. Case No.205 of 2022, offence under Sections 457/380 of IPC is in custody since 03.07.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Asst. Sessions Judge, Pipili, by order dated 14.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that because of his criminal proclivity the petitioner has been falsely implicated in the case at hand in as much as the FIR is against the unknown person.

6.

Learned counsel for the State refutes such allegations submitting that there are materials on record which clearly indicate that the petitioner is involved in theft of Rs.35,000/- (Rupees Thirty-Five Thousand Only) other products from the medicine shop. And, it is also submitted by the learned counsel for the State that in view of the antecedents, the petitioner ought not to be released on bail.

7.

Taking into account the period of custody and filing of charge sheet, 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.

Keeping in view his criminal proclivity this Court directs that petitioner shall appear before the jurisdiction police station once in every week till the conclusion of trial. 9.

Accordingly, the BLAPL stands disposed of.

10.

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