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Orissa High CourtBLAPL/9673/2022allowed

Jharia Dehury v. State Of Odisha

2022-10-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9673 of 2022 Jharia Dehury ....

Petitioner Mr. D.R. Mishra, Advocate -versusState of Odisha ....

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

ORDER

21.10.2022 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.856 of 2022, pending in the file of learned S.D.J.M., Athamallik, arising out of Handapa P.S. Case No.229 of 2022, offence under Sections 457/380/411 of IPC and is in custody since 13.09.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athmallik by order dated 23.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 13.09.2022 and charge sheet has been filed on 30.09.2022, hence further detention of the petitioner is not called for.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that petitioner has criminal antecedents of similar nature.

7.

Taking into account the nature of allegations and punishment prescribed and since charge sheet has already been filed 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.

Keeping in view the criminal proclivity of the petitioner, this Court directs the petitioner to appear before the jurisdictional police station once every week till the conclusion of trial. First date and time of such appearance shall be specified by the learned Court in seisin over the matter. Certification of such appearance shall be submitted to the Court in seisin over the matter and violation thereof shall entail the cancellation.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi