Orissa High Court
Panchanana Mohanty vs State Of Odisha ... Opposite Party on 28 May, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5321 of 2024
Panchanana Mohanty ... Petitioner
Mr. S.K. Mahanty, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. S.S. Mohapatra, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.05.2024 Order No.
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with G.R. Case No.712 of 2024 pending in the Court of learned J.M.F.C., Aska, arising out of Aska P.S. Case No. 285 of 2024 for commission of offence alleged under Sections 272/273 of IPC read with Section 52(a) of Odisha Excise Act.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Aska, by order dated 25.04.2024 in the aforementioned cases, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner is in custody since 11.04.2024 on the accusation of possession of 160 liters of I.D liquor without having the authority.
Page 1 of 36. It is submitted by the learned counsel that since investigation has progressed substantially, the Petitioner may be released on bail.
7. Learned counsel for the State opposes the prayer for bail in view of the ongoing investigation and also submits that because of the criminal proclivity of the Petitioner, he ought not to be released on bail.
8. So far as the criminal proclivity is concerned, learned counsel for the Petitioner files a memo indicating that the Petitioner was cited as an accused in Aska P.S. Case Nos.155 of 2010, 253 of 2012, 266 of 2005 and Aska P.S. Case Nos.240 of 2020 and 424 of 2021 and he has been acquitted in all these cases. And, Aska P.S. Case No.366 of 2008, Aska P.S. Case No.799 of 2021 and Aska P.S. Case No.58 of 2020 are pending against the Petitioner apart from the case at hand. The memo is taken on record.
9. Taking into account the nature of allegations, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
10. Before releasing, learned Court in seisin is requested to verify the criminal proclivity of the Petitioner adverted to hereinabove on the basis of memo filed by the learned counsel for the Petitioner on instruction. If such instruction as above is found to incorrect, this order shall not be given effect to.
11. Additionally, it is directed that the 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 submission of final form thereafter once every month till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Page 2 of 312. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH)
Ayesha Vacation Judge
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 29-May-2024 12:22:21
Page 3 of 3