Orissa High Court
Labu @ Jayaram Majhi vs State Of Odisha .... Opposite Party on 3 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8078 of 2023
Labu @ Jayaram Majhi .... Petitioner
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A.K. Sahoo, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
03.10.2023 Order No.
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with C.T. Case No.245 of 2022, pending before the Court of the learned J.M.F.C., Khariar, arising out of Khariar P.S. Case No.249 of 2022, for commission of the alleged offence under Section-394/201/411/34 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ, Nuapada by order dated 06.07.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 12.07.2022 and since trial has already commenced and keeping in view that out of Rs.57,00,000/- which was stolen from the ATM cash van, admittedly amount of Rs.55,76,750/- has been recovered, further continuance of the Petitioner in custody is not warranted.
5. Learned counsel for the State opposes the prayer for bail, inter alia, because of in the manner in which the offence has been committed and since the Petitioner was the driver of the van.
Page 1 of 26. Learned counsel for the State also relies upon the statement of P.Ws-2 and 5 which are on record and submits that the role played by the driver-petitioner is clearly borne out, hence he ought not to be released on bail during the currency of trial.
7. It is brought to the notice of the Court that the present Petitioner was cited as an accused and faced trial in S.T. No.27 of 2016 along with other co-accused persons. By Judgment dated 29.11.2016, the Petitioner along with other co-accused persons were acquitted. Hence, it is stated that the Petitioner has no other criminal antecedent than in which he has been acquitted. The said Judgment of acquittal is taken on record.
8. Taking into account the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
9. Additionally, it is directed that the Petitioner shall not try to threaten or intimidate any of the prosecution witnesses. Leave is granted to the prosecution/informant to seek variance of this order, if there is any threat perception.
10. It is further directed that Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin and it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin.
11. Accordingly, the BLAPL stand disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Signature Not Verified Judge Digitally Signed Soumya RANJAN SAMAL Signed by: SOUMYA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Oct-2023 19:07:36 Page 2 of 2