Ramachandra Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9490 of 2022 Ramachandra Jena ....

Petitioner Mr. S.K. Mahanty, Advocate -versusState of Odisha ....

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

ORDER

21.11.2022 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 G.R. Case No.851 of 2022 pending on the file of learned J.M.F.C., Khallikote, arising out of Khallikote P.S. Case No.354 of 2022 for commission of the offence under Sections 399/402 IPC and Section 25 (1-B)(a) of the Arms Act and Sections 4/5 of the Indian Explosive Substances Act. 4.

By order dated 03.08.2022 in BLAPL No.6844 of 2022 the Petitioner was directed to be released on bail subject to verification of criminal antecedent.

5.

Since the Petitioner has criminal antecedent, taking note of the same, his application was rejected. Hence, this application. 6.

Considering that the charge sheet has been filed on 29.07.2022, as noted by this Court in order dated 14.10.2022

relating to co-accused Manoj Swain in BLAPL No.7033 of 2022 and the order relating to other co-accused Maheswar Sahu by order dated 4.8.2022 in BLAPL No.6857 of 2022, 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.

7.

Additionally, it is directed that, keeping in view the criminal proclivity of the Petitioner, he shall appear before the jurisdictional police station once every week till conclusion of trial. 8.

It is apt to note that the observation of the learned Court in seisin in the impugned order dated 21.09.2022 regarding ongoing investigation, prima facie appears to be an error on record. 9.

Accordingly, the BLAPL stands disposed of.

10.

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