Ganesh Jalli v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12402 of 2022 Ganesh Jalli ....

Petitioner Mr. S.K. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. S.R. Roul, ASC

CORAM:

JUSTICE G. SATAPATHY

ORDER

21.12.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.530 of 2021, further corresponding to S.T. Case No.14 of 2022 arising out of Khallikote P.S. Case No.248 of 2021 pending in the file of learned Asst. Sessions Judge, Khallikote for commission of offences punishable under Section 395 of IPC, on the allegation of committing dacoity of Rs.18,000/- (Rupees Eighteen Thousand) and one mobile phone from the two drivers of the Truck.

3.

In the course of hearing of the bail application, Mr. S.K. Jena, learned counsel for the petitioner submits that the FIR has been lodged against unknown person, but no T.I. parade has been conducted to identify the suspect and co-accused standing on similar footing has already been granted bail by this Court and, therefore, the petitioner may kindly be granted bail.

4.

On the contrary, Mr. S.R. Roul, learned ASC vehemently opposes the bail application of the petitioner.

5.

Considering the rival submissions made, taking into consideration the nature and gravity of the accusations raised against the petitioner as also the gravity of offence and keeping in view the other surrounding circumstance including the pre trial detention of the petitioner and regard being had to the release of co-accused on bail and no criminal antecedent being reported against the petitioner, this Court admits the petitioner to bail.

6.

Hence, the prayer for the bail of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and that he shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and that the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 12 Noon to 1 PM. for six(6) months. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.

7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita