Orissa High Court
BLAPL/2910/2018 on 19 July, 2018
Author: S. K. Sahoo
Bench: S. K. Sahoo
BLAPL No.2910 of 2018
03. 19.07.2018 Heard the learned counsel for the petitioners
and learned counsel for the State.
This is an application under Section 439 Cr.P.C.
in connection with G.R. Case No.172 of 2017 arising out of
Pipili P.S. Case No.108 of 2017 pending in the Court of
learned J.M.F.C., Pipili for offences punishable under
sections 147/148/323/325/294/506/427/379/307/149 of
the Indian Penal Code and sections 3 and 5 of the Explosive
Substances Act and sections 25 and 27 of the Arms Act.
The petitioners moved an application for bail
before the learned 2nd Addl. Sessions Judge, Puri which was
rejected on 26.02.2018.
Learned counsel for the petitioners submitted
that the petitioners were taken on remand in this case on
27.03.2018 and charge sheet has been submitted under
sections 147/148/323/325/294/506/427/379/307/149 of
the Indian Penal Code and sections 3 and 5 of the Explosive
Substances Act and sections 25 and 27 of the Arms Act.
Learned counsel for the petitioners submitted that in the
meantime one of the co-accused has been released on bail
in BLAPL No. 1448 of 2018 and he files the copy of the bail
order which is taken on record. He further submits that the
petitioners are similarly situated like the co-accused
k persons who have been enlarged on bail and therefore, the
bail application may be favourably considered.
Learned counsel for the State after verifying the
case records does not dispute that the petitioners stand on
the similar footing like the co-accused persons who have
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been enlarged on bail.
Considering the submissions made by the
learned counsels for the respective parties, the nature of
accusation against the petitioners, absence of any specific
overt act, release of the co-accused persons on bail and the
period of detention of the petitioners in judicial custody, I
am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the
aforesaid case on furnishing bail bond of Rs.20,000/-
(rupees twenty thousand) with two solvent sureties each
for the like amount to the satisfaction for the Court in seisin
over the matter with further terms and conditions as the
learned Court may deem just and proper subject to
conditions that:
(i) they shall appear before the Inspector in
Charge of Pipili police station once in a
week on every Sunday in between 4 p.m.
to 6 p.m. for a period of six months from
today;
(ii) they shall not indulge themselves in any
criminal activities;
(iii) they shall not try to tamper with the
evidence and
(iv) they shall appear before the learned trial
Court on each date when the case would
be posted for trial.
Violation of any terms and conditions shall
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entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted
on proper application.
.......................
S. K. Sahoo, J.
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