Dolamani Bastia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7656 of 2022 Dolamani Bastia & Others ....

Petitioners Mr. R. Pattanaik, Advocate -versusState of Odisha ....

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

ORDER

26.08.2022 Order No.

01.

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 accused in G.R. Case No.191 of 2022 arising out of Saintala P.S. Case No.196 of 2022, pending in the file of learned J.M.F.C., Saintala, under Section 364/34 of IPC and under Sections 25 & 27 of the Arms Act.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Titilagarh, by order dated 04.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that in the meanwhile the matter has been amicably settled and such affidavit was filed in the Court below and the same is also borne out from the rejection order. Hence, it is submitted that further continuance of the petitioner in custody is not warranted, while investigation has

progressed substantially and the petitioner has no criminal proclivity.

6.

Taking into account the nature of allegations and the submissions that the matter has been settled out of Court, this Court directs the petitioner to be released on bail on terms to be fixed by the Court in seisin over the matter.

7.

While so releasing the learned Court in seisin over the matter shall verify as to whether the petitioner has any criminal antecedent, in the event it comes to the fore that the petitioner has any criminal antecedent, the order shall stand recalled without any further reference to this Court.

8.

Accordingly, the BLAPL stands disposed of.

9.

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