Orissa High Court
Belarsingh Sahu vs State Of Odisha .... Opposite Parties on 16 May, 2023
Author: V. Narasingh
Bench: V. Narasingh
`
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5316 of 2023
Belarsingh Sahu .... Petitioner
Mr. J. Sahu, Advocate
-versus-
State of Odisha .... Opposite Parties
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
16.05.2023 Order No.
01. 1. Heard learned counsel for the Petitioner, learned counsel for the State.
2. The Petitioner is an accused in G.R. Case No.339 of 2023 pending on the file of learned S.D.J.M., Padampur arising out of Jharbandha P.S. Case No. 48 of 2023, for commission of offence under Sections 465/468/471/34 of the IPC.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Padampur by order dated 06.05.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted that the allegation against the present Petitioner he along with co-accused forged the documents and filed one misc case before Sub Collector, Padmapur for recording the land in the name of his father.
Page 1 of 25. Learned counsel for the Petitioner seeks release relying on the order dated 01.05.2023 in BLAPL No. 4423 of 2023 in respect of the co-accused.
6. It is further submitted that the petitioner is in custody since 28.03.2023 and as investigation has progressed substantially, he may be released on bail.
7. It is submitted, on instruction, by learned counsel for the petitioner that the petitioner is the first offender.
8. Learned counsel for the State opposes the prayer for release during the currency of investigation.
9. Considering the submission and taking into account the nature of allegation being more or less based on documentary evidence, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Additionally, it is directed that the learned Court in seisin shall verify the criminal antecedent of the Petitioner. If it comes to the fore that the petitioner has criminal antecedent of similar nature, this order shall stand recalled.
11. It is further submitted that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rule.
Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer (V. NARASINGH) Reason: Authentication Location: High Court of Orissa Judge Date: 17-May-2023 17:35:03 Soumya Page 2 of 2