Dibya Samal @ Shiba v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7492 of 2022 Dibya Samal @ Shiba ....

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

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

ORDER

27.09.2022 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.584 of 2021 pending in the file of learned J.M.F.C. Sohela, arising out of Sohela P.S. Case No.207 of 2021, offence under Sections 379/511/34 of IPC and read with Section 15(2) PMPL Act, Section 3/4 of the PDPP Act and is in custody since 08.07.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Asst. Sessions Judge Sohela 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 petitioner that other co-accused have been release on bail by this Court by order

dated 22.09.2022 in BLAPL No.8674 of 2022 and order dated 09.09.2022 in BLAPL No.8197 of 2022. Hence he seeks release of the petitioner.

6.

Considering the release of the co-accused as stated above, and period of custody, 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.

7.

Taking into account the criminal proclivity of the petitioner, this Court directs the petitioner to appear before the Investigating Officer once every week till the submission of final form.

8.

Accordingly, the BLAPL stands disposed of.

9.

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