Shyama Bessoi @ Samo Bisoi @ Sam Bisoi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7806 of 2022 Shyama Bessoi @ Samo Bisoi @ Sam Bisoi ....
Petitioner Mr. A. Mishra, Advocate -versusState of Orissa ....
Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
30.08.2022 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 an accused in Kotpad P.S. Case No.27 of 2014 corresponding to G.R. Case No.29(c) of 2014, pending before the learned J.M.F.C., Kotpad, Koraput, under Sections 457/395 of IPC.
4.
Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Vigilance, Jeypore, by order dated 03.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.
It is submitted by the learned counsel for the petitioner that relying on the copy of the final form, which is annexed that the basis of implication is on account of co-accused statement. 6.
It is further submitted by learned counsel for the petitioner that in the meanwhile, co-accused one Kutru @ Jayasen Bisoi has
been released on bail by this Court by order dated 17.08.2018 in BLAPL No.6675 of 2018 and one Tuna Harijan was granted bail by order dated 04.12.2015 in BLAPL No.6622 of 2015, hence on the ground of parity also, the petitioner seeks intervention of this Court. 7.
Learned counsel for the State opposes the prayer for bail inter alia referring to the order of rejection that the petitioner has criminal antecedent. Hence releasing him at this stage could affect the trial.
8.
Taking note of release of the co-accused as adverted to above, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.
Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days till conclusion of trial.
10.
Accordingly, the BLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha