Gopinath Satapathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10147 of 2022 Gopinath Satapathy ....

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

Opposite Party Mr. K.K. Gaya, 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 G.R. Case No.1696 of 2022, pending in the Court of the learned S.D.J.M., Berhampur, arising out of Berhampur Sadar P.S. Case No.322 of 2022, for alleged commission of offences under Section 467/468/471/420/120-B/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Berhampur, by order dated 20.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is alleged that the petitioner being the Revenue Inspector fraudulently issued a report that the recorded land holder has no

other L.R. than the vendor and such fraud came to light when the informant filed mutation case.

6.

It is submitted that the petitioner is in custody since 06.08.2022 and since the co-accused has already been released on bail by this Court by order dated 13.09.2022 in BLAPL No.8237 of 2022, hence inter alia on the ground of parity, the petitioner seeks release.

7.

Learned counsel for the State opposes the prayer for bail on the ground that the petitioner has criminal antecedents. 8.

Considering the release of the co-accused and the role ascribed to the petitioner and the allegations more or less based on documentary evidence and progress of investigation, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9.

Keeping in view the criminal antecedent of the petitioner, it is directed that the petitioner shall appear before the Investigating Officer once every 15 (fifteen) days till submission of final form. 10.

Accordingly, the BLAPL stands disposed of.

11.

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