Orissa High Court
Sunil Nahak vs State Of Odisha Opposite Party on 6 November, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12917 of 2022
Sunil Nahak .... Petitioner
Mr. A. Pattanaik,
Advocate
-Versus -
State of Odisha Opposite Party
....
Additional Standing Counsel CORAM:
JUSTICE SASHIKANTA MISHRA ORDER_ 06.11.2023 Order No. 1. This matter is taken up through hybrid mode.
05.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner while in custody in connection with Polasora P.S. Case No. 179 of 2019 was taken on remand in Aska P.S. Case No. 214 of 2019 on 26.02.2020. The present case arises out of an FIR lodged by one Ajit Kumar Sahoo before Aska Police Station alleging that while he was returning after collecting group installment money on 06.07.2019, in between Rishipur to Niral village three persons came in a black colour Pulsar motorcycle and snatched away cash of Rs. 2,47,950/- from his possession and also the motorcycle, mobile, and Samsung Tab on the point of Pistol. Basing on such FIR, the above P.S. Case has Page 1 of 3 been registered corresponding to G.R. Case No.405 of 2021 in the court of learned J.M.F.C., Aska.
4. It is submitted that the petitioner has been implicated in this case entirely on suspicion and that there is no material directly or indirectly to implicate him in the occurrence.
5. Learned Additional Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that the petitioner is a habitual offender being involved in series of similar type of offences and therefore if released, he may cause danger to the society. It is further submitted that a Pistol was seized from the possession of the petitioner.
6. Have considered the rival submissions and on perusal of the materials on record, it is observed that while it is true that there may have been some criminal antecedents, but, the same cannot be a ground to detain the petitioner in custody indefinitely. That apart, as submitted by learned Additional Standing Counsel for the State, investigation into the case has already been concluded and charge-sheet has been submitted.
7. Under such circumstances and particularly having regard to the period of detention already undergone and fact that the petitioner is a permanent resident under Kabisuryanagar Police Station of Ganjam district, I find no reason to detain him in custody any longer. The bail application is therefore allowed. Let the Page 2 of 3 petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail, failing which the court below shall be entitled to pass such adverse order against him as it may deem fit.
8. The BLAPL is accordingly disposed of.
9. Issue urgent certified copy as per rules.
(Sashikanta Mishra) Judge B.C. Tudu Signature Not Verified Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Nov-2023 11:42:35 Page 3 of 3