Papu @ Prafulla Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8157 of 2022 Papu @ Prafulla Malik ....

Petitioner Mr. SK. Zafarulla, Advocate -versusState of Odisha ....

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

ORDER

09.09.2022 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 C.T. Case No.1058 of 2021, pending in the file of learned S.D.J.M. Udala arising out of Kaptipada P.S. Case No.314 of 2021, offence under Sections 457/380/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional District & Sessions Judge, Baripada by order dated 15.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account that the petitioner is in custody since 12.01.2022 and charge sheet has already been filed learned counsel for the petitioner seeks release of the petitioner.

6.

Learned counsel the State opposes the prayer relying on the order of rejection which evidenced criminal antecedents of similar nature.

7.

It is submitted by the learned counsel for the petitioner that because of his criminal proclivity the petitioner has been remanded in this case and submits that he may be put to stern condition. 8.

Taking into account the submissions of the learned counsel for the petitioner 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.

9.

Keeping in view the alleged criminal antecedents this Court directs that the petitioner shall appear before the jurisdictional police station till the conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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