Sk. Ajaruddin v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7403 of 2022 Sk. Ajaruddin & another ....

Petitioners Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

11.10.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioners are accused in C.T. Case No.628 of 2022 pending in the file of learned S.D.J.M., Balasore, arising out of Sahadevkhunta P.S. Case No.222 of 2022, for offence under Sections 399/402 IPC and Sections 4/5 of the Explosive Substance Act and Section 25 of the Arms Act and are in custody since 04.07.2022 and 03.07.2022 respectively.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Designated Court (OPID), Balasore I/c by order dated 22.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioners that the co-accused have already been released on bail by this Court

in BLAPL No.7236 of 2022 by order dated 29.09.2022 and it is stated that charge sheet having been filed on 30.08.2022, further continuance of the Petitioners in custody is unwarranted. 6.

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioners have criminal proclivity.

7.

Taking into account the release of the co-accused and filing of the charge sheet, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter keeping in view the criminal proclivity of the Petitioners.

8.

Accordingly, the BLAPL stands disposed of.

9.

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