Akhtar Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8371 of 2022 Akhtar Khan ....

Petitioner Mr. A.K. Raut, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

15.09.2022 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.1766 of 2022, pending in the file of learned S.D.J.M., Jharusuguda, arising out of Jharsuguda Sadar P.S. Case No.145 of 2022, offence under Sections 394 of IPC and is in custody since 11.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda by order dated 16.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

The final form has taken on record. It is submitted by the learned counsel for the petitioner that in the meanwhile charge sheet has already been filed on 22.08.2022 and since the petitioner is in

custody since 11.07.2022, his further continuance in custody is not warranted.

7.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the rejection order reveals that the petitioner have antecedents of similar nature. 8.

Taking into account the period of custody and filing of charge sheet, 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 criminal proclivity of the petitioner this Court directs 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 Santoshi