Niranjan Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10164 of 2022 Niranjan Sethi and another ....

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

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

ORDER

21.12.2022 Order No.

03.

1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

The petitioners are accused in connection with G.R. Case No.517 of 2022, pending in the Court of the learned J.M.F.C., Buguda, arising out of Buguda P.S. Case No.521 of 2022 for commission of alleged offences under Sections 394 of IPC read with Section 25/27of the Arms Act.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhanjanagar, by order dated 11.10.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioners are in custody since 14.09.2022 and as charge sheet has already been filed on 30.11.2022, further continuance of the petitioners in custody is not warranted.

5.

It is submitted that on the very day of the alleged offence, the vehicle in question that is an Indigo Car has already been recovered. Hence petitioners seek release.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioners have criminal antecedents.

7.

Taking into account filing of the charge sheet and recovery of the vehicle, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin. 8.

Additionally, it is directed that the petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH) Judge Santoshi