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Orissa High CourtBLAPL/10589/2022allowed

Ramdas Paraja @ Danny v. State Of Odisha

2022-11-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10589 of 2022 Ramdas Paraja @ Danny ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

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

ORDER

21.11.2022 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 G.R. Case No.305(B) of 2009 pending on the file of learned J.M.F.C., Jeypore, arising out of Jeypore Town P.S. Case No.76 of 2009, for commission of offence under Sections 457/380/34 IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Jeypore by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

On perusal of the order of rejection, it has come to fore that taking into account the criminal proclivity of the Petitioner, the learned Addl. Sessions Judge, Jeypore has rejected the bail application of the Petitioner.

6.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 19.08.2021 and as trial has commenced, his further pre-trial detention is not justified. 7.

Learned counsel for the State opposes the prayer for bail relying on the order of rejection and also in view of the conduct of the Petitioner being an absconder and his criminal antecedent. 8.

Considering the Petitioner is in custody since 19.08.2022 and keeping in view the nature of allegation in the case at hand and commencement of trial, 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.

9.

Keeping in view the criminal proclivity, additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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