Sunaram @ Darasingh Sirka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9145 of 2022 Sunaram @ Darasingh Sirka ....

Petitioner Mr. U. Barik, Advocate -versusState of Orissa ....

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

ORDER

28.09.2022 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 connection with G.R. Case No.382 of 2022, pending before the learned J.M.F.C., Barbil, arising out of Joda P.S. Case No.108 of 2022, for offences under Section 398/34 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, Champua, by order dated 26.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner has been remanded in the case because of his criminal proclivity and it is further submitted that since investigation has progressed substantially, further continuance of the petitioner in custody is unwarranted.

6.

Per contra, it is submitted by the learned counsel for the State that keeping in view his criminal antecedent, as noted by the learned Court while rejecting the application for bail, the petitioner ought not to be released pending investigation. 7.

Considering the manner of the 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 over the matter. 8.

Additionally it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of charge-sheet.

9.

Accordingly, the BLAPL stands disposed of.

10.

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