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Orissa High CourtBLAPL/8216/2022allowed

Surendar Khandagiri @ Surrendra v. State Of Odisha

2022-09-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8216 of 2022 Surendar Khandagiri @ Surrendra ....

Petitioners Mr. J. Sahu, Advocate -versusState of Odisha ....

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

ORDER

13.09.2022 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 accused in Larambha P.S. Case No.37 dated 19.03.2021 corresponding to G.R. Case No.220 of 2021, pending before the Court of the learned S.D.J.M., Patnagarh, for alleged commission of offences under Sections 457/380/411/430/34 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, Patnagarh I/C, by order dated 23.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that only because of the criminal proclivity of the petitioner, he has been remanded in the case and he is in custody since 29.04.2022 and co-

accused similarly placed have been released on bail by this Court by order dated 02.08.2022 in BLAPL No.6758 of 2022, hence it is submitted that further continuance of the petitioner in custody is not warranted.

7.

Learned counsel for the State opposes the prayer for bail. 8.

Keeping in view the basis of implication and release of the co-accused, 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 week 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 Ayesha