Orissa High Court
BLAPL/5230/2018 on 3 December, 2018
Author: D. Dash
Bench: D. Dash
BLAPL No.5230 of 2018
04. 03.12.2018 The petitioner, being in custody in Khariar P.S. Case
No.139 of 2018 corresponding to C.T. Case No.240 of 2018
pending in the court of the learned Assistant Sessions Judge,
Khariar for the alleged commission of offence under sections
341/294/323/307 of the IPC read with section 25/27 of the
Arms Act, has filed this application under section 439, Cr.P.C.
for their release on bail.
Heard learned counsel for the petitioner and learned
counsel for the State.
Learned counsel for the State opposes the move citing
the criminal antecedent of the petitioner.
Considering the submissions made and on going through
the materials available on record; keeping in view the
surrounding circumstances including the period of detention of
the petitioner in custody and in the absence of any other
impediment, it is directed that the petitioner be released on
bail in the aforesaid case with such terms and conditions as
deemed just and proper by the court in seisin of the case with
further conditions that he would appear in person before the
Court in seisin of the case on each date of posting of the case
till conclusion of the trial, without fail, except in some
exceptional circumstance with permission of the Court and also
appear before the concerned police station on every Sunday in
between 10.00 am to 2.00 pm for a period of six months.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
.......................
D. Dash,J.
Basu