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Orissa High CourtBLAPL/9945/2022allowed

Arjuna Senapati v. State Of Odisha

2022-10-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9945 of 2022 Arjuna Senapati ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

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

ORDER

27.10.2022 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.839 of 2022 pending on the file of learned J.M.F.C., Chendipada, arising out of Chendipada P.S Case No.435 of 2022, for commission of the offence under Sections 379/34 IPC and Section 21 of the MMDR Act and 12 of the Orissa Mines and Minerals (PTSA) Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District and Sessions Judgecum-Special Judge (Vigilance), Angul by order dated 27.09.2022 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 08.09.2022 and as the

investigation has progressed substantially, further continuance of the Petitioner in custody is unwarranted.

6.

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

7.

Considering the nature of allegation and the period of custody, 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 jurisdictional Police Station of the learned Court in seisin over the matter once every week till submission of final form. The date and time to be fixed by the learned Court in seisin over the matter. Certification of such appearance shall be submitted to the learned Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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