Sanu Kumar Jena vs State Of Odisha .... Opposite Party on 9 March, 2023

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Orissa High Court

Sanu Kumar Jena vs State Of Odisha .... Opposite Party on 9 March, 2023

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 1800 of 2023

                 Sanu Kumar Jena                  ....                   Petitioner
                                                        Mr. S.R. Rout, Advocate
                                            -versus-

             State of Odisha                      ....             Opposite Party

                                                        Mr. P.K. Mohanty, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

09.03.2023 Order No.

01. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in G.R. Case No.177 of 2021 pending in the Court of learned S.D.J.M., Hindol, arising out of Rasol P.S. Case No.53 of 2021, offence under Sections 379/34 of IPC read with Section 15(2)/15(4) of Petroleum an Pipe lines Act and Section 3/4 of Prevention of Damage to public property Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Hindol by order dated 07.02.2023 in the aforementioned case, the present BLAPL has been filed.

4. Perused the order of rejection.

5. It is submitted by the learned counsel for the petitioner that co-accused has been released on bail by this Court by order dated 19.07.2021 in BLAPL No.5438 of 2021 and by order dated 23.09.2022 in BLAPL No.8759 of 2022. Hence, he seeks release of the petitioner.

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6. Learned counsel for the State relying on the order of rejection submits that since the petitioner is stated to be involved in serious offences releasing him on bail at this stage is not admissible.

7. Taking note of the nature of allegations and the release of the co-accused on bail, this Court directs the petitioner to release on bail on such terms to be fixed by the learned Court in seisin over the matter so as to ensure his presence on each date of trial.

8. Additionally, it is directed 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 the conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

9. Accordingly, the BLAPL stands disposed of.

10. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge Santoshi Page 2 of 2

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