Pintu Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10134 of 2022 Pintu Pradhan ....

Petitioner Mr. R. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

03.11.2022 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 connection with C.T. Case No.131 of 2022, pending in the file of the learned J.M.F.C., Tigiria, arising out of Tigiria P.S. Case No.137 of 2022, for alleged commission of offences under Section 457/380 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh, by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner has been remanded because of his criminal proclivity and it is stated that as admittedly there has been recovery of stolen property, his further continuance in custody is unwarranted.

6.

Learned counsel for the State opposes on the basis of order of rejection submits that as the petitioner has antecedents and as there has been recovery at the instance of the petitioner, the petitioner ought not to be released on bail during the currency of the investigation.

7.

Taking into account the manner of implication 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.

Additionally, it is directed that the petitioner shall appear before the Investigating Officer once every week on such date and tim`e to be fixed by the learned Court in seisin over the matter till submission of final form.

9.

Accordingly, the BLAPL stands disposed of.

10.

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