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Orissa High Court

BLAPL/1448/2018 on 17 May, 2018

Author: S. K. Sahoo

Bench: S. K. Sahoo

                                     BLAPL No.1448 of 2018




03. 17.05.2018                 Heard the learned counsel for the petitioner and
                 learned counsel for the State.
                               This is an application under Section 439 Cr.P.C.
                 in connection with G.R. Case No.172 of 2017 arising out of
                 Pipili P.S. Case No.108 of 2017 pending in the Court of
                 learned J.M.F.C.,     Pipili   for   offences   punishable   under
                 sections   147/////////              of
                 the Indian Penal Code and sections 3 and  of the Explosive
                 Substances Act and sections 25 and  of the Arms Act.
                               The petitioner moved an application for bail
                 before the learned 2nd Addl. Sessions Judge, Puri which was
                 rejected on 26.02.2018.
                               Learned counsel for the petitioner submitted
                 that the petitioner was taken on remand in this case on
                 16.12.2017 and charge sheet has been submitted under
                 sections   147/////////              of
                 the Indian Penal Code and sections 3 and  of the Explosive
                 Substances Act and sections 25 and  of the Arms Act.
                 Learned counsel for the petitioner submitted that in the
                 meantime thirteen co-accused persons have been granted
                 either regular bail or anticipatory bail. He produced the
                 copies of the bail orders which are taken on record. He
                 further submits that the petitioner is similarly situated like
                 the co-accused persons who have been enlarged on bail
                 and therefore, the bail application may be favourably

sisir            considered.
                               Learned counsel for the State produced the
                 photographs of the injured and also the criminal
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antecedents which indicates that the petitioner is involved
in another case i.e. Pipili P.S. Case No.390 of 2017.
            Considering       the   submissions    made     by   the
learned counsels for the respective parties, the nature of
accusation against the petitioner, absence of any specific
overt act, release of the co-accused persons on bail and the
period of detention of the petitioner in judicial custody, I
am inclined to release the petitioner on bail.
            Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.20,000/-
(rupees twenty thousand) with two solvent sureties each
for the like amount to the satisfaction for the Court in seisin
over the matter with further terms and conditions as the
learned Court may deem just and proper subject to
conditions that:
             (i)     he shall appear before the Inspector in
                     Charge of Pipili police station once in a
                     week on every Sunday in between 4 p.m.
                     to 6 p.m. for a period of six months from
                     today;
             (ii)    he   shall   not   indulge   himself   in   any
                     criminal activities;
             (iii)   he shall not try to tamper with the
                     evidence and
             (iv) he shall appear before the learned trial
                     Court on each date when the case would
                     be posted for trial.
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             Violation of any terms and conditions shall
entail cancellation of bail.
             Accordingly, the BLAPL is disposed of.
             Urgent certified copy of this order be granted
on proper application.


                                    .......................
                                    S. K. Sahoo, J.

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