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Orissa High CourtBLAPL/9479/2022allowed

Charanjit Singh @ Happy v. State Of Odisha

2022-10-17Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9479 of 2022 Charanjit Singh @ Happy and another ....

Petitioners Mr. R.C. Maharana, Advocate -versusState of Odisha ....

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

ORDER

17.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in connection with C.T. Case No.2154 of 2022 pending on the file of learned S.D.J.M., Jharsuguda, arising out of Brajrajnagar P.S. Case No.252 of 2022, for alleged commission of offences under Sections 399/402 of IPC read with Section 25 of Arms Act and is in custody since 22.08.2022.

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 19.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Relying on the order of release of the co-accused by this Court namely Dinesh Senapati in BLAPL No.9365 of 2022, learned

counsel for the petitioners seeks release of the petitioners on the ground of parity.

6.

Learned counsel for the State on the basis of recitals in the Case Diary opposes the prayer for bail on the ground that the petitioners have criminal antecedents.

7.

Taking into account the release of the co-accused and period of custody, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Considering the criminal proclivity of the petitioners, this Court directs the petitioners to appear before the jurisdictional police station once every week till submission of final form. 9.

Accordingly, the BLAPL stands disposed of.

10.

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