Satya @ Thabira Saraf v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7229 OF 2022 Satya @ Thabira Saraf .........

Petitioner Mr.A.K.Sahoo, Adv.

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

Opposite Party Mr. P.K.Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

23.08.2022 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.718 of 2021 arising out of Lathor P.S. Case No. 125 of 2021 on the file of learned SDJM, Patnagarh, registered for the alleged commission of offence under Sections 399/402 of the I.P.C. and Section 25 of the Arms Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Patnagarh by order dated 11.07.2022 in BLAPL No.102 of 2022, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that the basis of implication is co-accused statement. It is further submitted that in the meanwhile the Charge-sheet has already been filed on 1.08.2022,

further continuance of the petitioner in custody is not warranted. The petitioner has no criminal proclivity.

6.

Taking into account the custody period since 4.07.2022 and Charge Sheet has been filed, 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 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 stand recalled.

8.

Additionally, it is directed that the petitioner shall appear in the jurisdictional Police Station once every two weeks till conclusion of the trial. 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