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Orissa High CourtBLAPL/8240/2022allowed

Suresh Behera @ Jiban Bhoi v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8240 of 2022 Suresh Behera @ Jiban Bhoi ....

Petitioner Mr. B.P. Chhualsingh, Advocate -versusState of Odisha ....

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

ORDER

28.09.2022 Order No.

03.

I.A. No.1704 of 2022 1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

It is submitted by the learned counsel for the petitioner that while releasing the petitioner on bail by order dated 13.09.2022 in BLAPL No.8240 of 2022, this Court had inter alia directed the learned Court in seisin over the matter to verify the criminal proclivity of the petitioner before releasing him on bail. 4.

It is submitted that while moving such application, it was not within the knowledge of the learned counsel for the petitioner that the petitioner was earlier involved in Airfield P.S. Case No.135 of 2021 and in the said case it is submitted that the petitioner was released on bail on 06.05.2021.

5.

Taking note of such submission, this Court is persuaded to modify paragraph-8 of the order dated 13.09.2022 and it is directed that the release of the petitioner in P.S. Case referred to hereinabove

shall not be treated as a criminal antecedent and the paragraph-8 of the order accordingly stands modified.

6.

Other stipulations remain unaltered.

7.

The I.A. stands disposed of.

(V. NARASINGH) Judge Ayesha