Orissa High Court
Kiran Sethi @ Sipu vs State Of Odisha .... Opposite Party on 12 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10613 of 2023
Kiran Sethi @ Sipu .... Petitioner
Mr. B.K. Bal, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K Panigrahi, ASC
BLAPL No. 10614 of 2023
Mutura @ Umesh Chandra .... Petitioner
Sahoo
Mr. B.K. Bal, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
12.10.2023 Order No.
02. 1. Since both the matters arise out of Sadar P.S. Case No.151 of 2023, they are taken up together of by this common order on the consent of the parties.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with G.R. Case No.306 of 2023, pending in the Court of learned JMFC(Rural), Cuttack, arising out of Sadar P.S. Case No.151 of 2023, for commission of alleged offences under Section-457/380 of IPC.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Spl.
Page 1 of 3Judge(Vig), Ctc by order dated 04.05.2023 in the aforementioned case, the present bail applications have been filed.
5. It is submitted by the learned counsel that the Petitioners are in custody since 28.03.2023 and as charge sheet has already been filed on 29.04.2023, they may be released on bail.
6. Learned counsel for the State opposes the prayer for bail in view of criminal antecedents of the Petitioners.
7. An affidavit has been filed on behalf of Petitioner in BLAPL No.10613(Kiran Sethy @ Sipu) indicating that he has seven(7) criminal antecedents which are prima facie graver in nature but it is stated that Petitioner was released on bail in those cases.
8. It is further submitted by the learned counsel that most of the criminal antecedents relate to the year 2019 and 2020 and one is of the year 2014. So far as Petitioner in BLAPL No.10614 of 2023(Mutura @ Umesh Chandra Sahoo) is concerned, it is on record that the Petitioner has 34 criminal antecedents.
9. Taking into account the nature of criminal antecedents of the Petitioner in BLAPL No.10614 of 2023(Mutura @ Umesh Chandra Sahoo), this Court is not inclined to entertain BLAPL No.10614 of 2023 at this stage.
10. Leave is granted to the Petitioner in BLAPL No.10614 of 2023(Mutura @ Umesh Chandra Sahoo) to renew his prayer at the later stage.
11. Taking into account the nature of allegation, this Court directs the Petitioner in BLAPL No.10613 of 2023(Kiran Sethy @ Sipu) to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.
12. Additionally, it is directed that the Petitioner in BLAPL No.10613 of 2023(Kiran Sethy @ Sipu) 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 conclusion of trial. Certification Page 2 of 3 of such appearance shall be submitted to the Court in seisin and family members of the Petitioner in BLAPL No.10613 of 2023 shall execute P.R. bond in addition to the sureties in terms of the order of the learned Court in seisin.
11. Accordingly, the bail applications stand disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Oct-2023 20:37:18 Page 3 of 3