Jiban Singhdeo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11720 of 2022 Jiban Singhdeo ....

Petitioner Mr. S. Harichandan, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Jharsuguda P.S.

Case No.245 of corresponding to C.T. Case No.1179 of 2022 pending before the learned S.D.J.M., Jharsuguda for alleged commission of offences under sections 457/392/ 414/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of Additional Sessions Judge -cumPresiding Officer, Special Court POCSO, Jharsuguda,

// 2 // which was rejected on 15.11.2022.

Learned counsel for the petitioner submitted that the petitioner was taken on remand in connection with this case on 22.07.2022 and charge sheet has already been submitted under sections 457/392/ 414/34 of the Indian Penal Code and one of the coaccused, namely, Ashok Kumar Chindra has been released on bail by this Court in BLAPL No.8333 of 2022 as per order dated 15.09.2022 and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail on the ground that the petitioner has been identified in the test identification parade and he has got one criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and since the offences are triable by Magistrate and taking into account the release of the co-accused on bail and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such

// 3 // other conditions as the learned Court may deem just and proper.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge RKM