Sagar Biswal vs State Of Odisha .... Opposite Party on 9 May, 2023

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Orissa High Court

Sagar Biswal vs State Of Odisha .... Opposite Party on 9 May, 2023

Bench: V. Narasingh

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                             BLAPL No.5062 of 2023

             Sagar Biswal                       ....                  Petitioner
                                                     Mr. S.K. Baral, Advocate
                                         -versus-

             State of Odisha                    ....             Opposite Party
                                                         Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

09.05.2023 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 C.T. case No. 30 of 2023, pending the Court of learned S.D.J.M., Phulbani, arising out of Phiringia P.S. Case No. 10 of 2023, for alleged commission of offences under Sections 461/380 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Phulbani, by order dated. 21.03.2023 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 01.03.2023.

5. The allegation against the petitioner is that he along other co-accused committed theft of printer, laptop and other valuable documents from informant's shop.

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6. It is further submitted by the learned counsel that the stolen articles have been seized in the meanwhile and it is stated that though the petitioner is innocent but because of his criminal proclivity. He has been remanded at the case at hand.

7. Learned counsel for the State opposes the prayer for release during currency of investigation.

8. Considering the manner of accusation and the recovery as noted, 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 petitioner shall appear before the jurisdictional police station once a 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 Court of seisin.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge Soumya AYESHA Digitally signed by AYESHA ROUT ROUT Date: 2023.05.10 18:54:08 +05'30' Page 2 of 2

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