Santosh Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7132 of 2021 Santosh Sahu ....

Petitioner Mr.S.S.Ray(2), Advocate -versusState of Odisha ....

Opposite Party Mr.M..K.Mohanty,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.02.2022 1.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Sadar P.S.Case No.354 of 2020, corresponding to G.R.Case No.1984 of 2020, pending in the Court of the learned S.D.J.M., Berhampur for alleged commission of offences under Sections 457/380 of the Indian Penal Code.

3.

Learned counsel for the Petitioner submits that the Petitioner has not been named in the F.I.R. and he is in custody since 23.12.2020. Charge Sheet in the case has been filed in the meantime. 4.

Learned Additional Standing Counsel opposes the prayer for bail of the Petitioner on the ground that the petitioner is a habitual criminal offender and involved in a number of similar property related crimes occurred in different places in the locality. Upon consideration of the submissions made by the respective parties as well as on perusal of the records and on consideration of

// 2 // the peculiar facts and circumstances of the case and considering the fact that the petitioner is languishing in jail custody since 23.12.2020, I am inclined to release the Petitioner on bail in the above case, on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to condition that the Petitioner shall not indulge in such type of offence while on bail and shall appear before the concerned Police Station once in a fortnight till disposal of the case. Further, it is open to the court in seisin over the matter to impose any additional condition (s), if situation so warrants.

6.

The BLAPL is accordingly disposed of.

7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge