← Library
Orissa High CourtBLAPL/10602/2022allowed

Somnath @ Rajiv Behera @ Raja v. State Of Odisha

2022-12-19Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10602 of 2022 Somnath @ Rajiv Behera @ Raja and others ....

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

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.12.2022 Order No.

02.

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.2382 of 2022, pending in the Court of the learned S.D.J.M., Jharsuguda, arising out of Jharsuguda Sadar P.S. Case No.203 of 2022, for commission of alleged offences under Sections 394 of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda, by order dated 29.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioners are in custody since 12.09.2022 on the allegation of assaulting the conducter and taking away Rs.1000/- (Rupees one Thousand) from him. 5.

It is submitted that since charge sheet has been filed on 29.10.2022, further continuance of the petitioners in custody is not warranted.

6.

Learned counsel for the State on the basis of instructions submits that all the petitioners have criminal antecedents of similar nature. Hence their bail application is liable to be rejected. 7.

Taking into account the nature of allegations and punishment prescribed, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Keeping in view the criminal proclivity of the petitioners, it is directed that they shall appear before the jurisdictional police station once every week on such date and time be fixed by the learned Court in seisin till conclusion of trial. 9.

Certification of such appearance shall be submitted to the learned Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

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