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Orissa High CourtBLAPL/10352/2022allowed

Zanid @ Zeenid Samad v. State Of Odisha

2022-12-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10352 of 2022 Zanid @ Zeenid Samad ....

Petitioner Mr. B.K. Ragada, Advocate -versusState of Odisha ....

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

ORDER

13.12.2022 Order No.

02.

1.

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

2.

The Petitioner is accused in connection with C.T. Case No.2154 of 2022 pending on the file of learned S.D.J.M., Jharsuguda, arising out of Brajrajnagar P.S. Case No.252 of 2022, for alleged commission of offence under Sections 399/402 of IPC read with Section 25 of Arms Act and is in custody since 09.09.2022.

3.

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

4.

Relying on the order of release of the co-accused by this Court namely Charanjit Singh @ Happy and another in BLAPL

No.9479 of 2022, learned counsel for the Petitioner seeks release of the Petitioner on the ground of parity.

5.

Learned counsel for the State on the basis of recitals in the case diary opposes the prayer for bail on the ground that the Petitioner has criminal antecedents.

6.

Taking into account the release of the co-accused and 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.

7.

Considering the criminal proclivity of the Petitioner, this Court directs the Petitioner to appear before the jurisdictional police station once every week till submission of final form. 8.

Accordingly, the BLAPL stands disposed of.

9.

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