Balaram Kanungo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7673 of 2022 Balaram Kanungo ....

Petitioner Mr. P.R. Singh, Advocate -versusState of Odisha ....

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

ORDER

22.09.2022 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.388 of 2022 pending in the file of learned J.M.F.C., Barbil, arising out of Joda P.S. Case No.120 of 2022, offence under Sections 399/402 of IPC read with 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 Additional Sessions Judge, Champua, Camp at Barbil, by order dated 05.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

The petitioner submits that petitioner is in custody since 15.06.2022 and filing of charge sheet, his further continuance in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner has criminal antecedent including the case under Section 302 of IPC.

7.

Taking into account the submissions of the learned counsel for the petitioner and considering the period of custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be filed by the learned Court in seisin over the matter.

8.

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

Accordingly, the BLAPL stands disposed of.

10.

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