Sitaram Sahu @ Chhaanglia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9215 of 2022 Sitaram Sahu @ Chhaanglia ....

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

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

ORDER

29.09.2022 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 C.T. Case No.1724 of 2022, pending in the Court of learned S.D.J.M. Jharsuguda, arising out of Banaharpali P.S. Case No.142 of 2022, for alleged commission of offences under Sections 395 of IPC read with Section 25/27 of the Arms Act.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda, by order dated 13.09.2022 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 the co-accused Golu@Durga Sahu similarly circumstanced has

been released on bail by this Court by order dated 24.08.2022 in BLAPL No.7396 of 2022.

7.

It is submitted that even if the entire allegation of the prosecution as culled out from the First Information Report is accepted at its face value, the petitioner can only be liable for offence under Section 411 IPC.

8.

It is submitted that the petitioner was working under the co-accused Golu @ Durga Sahu since released on bail by this Court as noted above.

9.

Considering the role ascribed to the petitioner, 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. 10.

Keeping in view the criminal antecedents of the petitioner, this Court directs the petitioner to appear before the Investigating Officer once every week till the submission of final form. 11.

Accordingly, the BLAPL stands disposed of.

12.

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