Lipun @ Susanta Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8267 of 2022 Lipun @ Susanta Sahoo ....

Petitioner Mr. B. Dalai , Advocate -versusState of Odisha ....

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

ORDER

19.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with G.R. Case No.701 of 2022, pending in the Court of the learned S.D.J.M. Kendrapara, arising out of Nikirai P.S. Case No.44 of 2022, for alleged commission of offences under Sections 457/380 of IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara, by order dated 19.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that petitioner was taken into custody in Tantiapal Marine P.S. Case No.39 of 2022 and has been remanded in the case at hand because of his criminal proclivity. 5.

It is submitted that since the charge sheet has been filed on 19.08.2022 and the petitioner was released on bail in the case in which he was taken into custody, his further continuance in custody

keeping in view the manner in which he has been implicated in the case at hand, is not warranted.

6.

Learned counsel for the State on the basis of the recitals in the Case Diary and the order of rejection, submits that the petitioner is accused of committing 52 cases of similar nature. Hence he ought not to be released on bail.

7.

Taking into account the manner of implication in the case at hand, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 8.

Additionally, it is directed that he shall appear before the concerned police station twice every week on such date and time be fixed by the learned Court in seisin till conclusion of trial. 9.

Certification of such appearance shall be submitted to the Court in seisin over the matter and violation thereof shall entail the cancelation.

10.

Accordingly, the BLAPL stands disposed of.

11.

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