Orissa High Court
Raja @ Deepak Nayak vs State Of Odisha ... Opp. Party on 4 November, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 1921 of 2020
Raja @ Deepak Nayak ... Petitioner
-VERSUS-
State of Odisha ... Opp. party
07. 04.11.2020 The matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with G.R. Case No.237 of 2019
arising out of Ranpur P.S. Case No.170 of 2019 pending
in the Court of learned J.M.F.C., Ranpur for offences
punishable under sections 395/411/412/414/120-B/109
of the Indian Penal Code and sections 25(1-B)(a)/27 of
the Arms Act and section 9-B of Explosive Act and
sections 4, 5 and 6 of the Explosive Substances Act.
The petitioner moved an application for bail
before the Court of learned Addl. Sessions Judge,
Nayagarh which was rejected on 06.12.2019.
Considering the submission made by the
learned counsel for the petitioner that the petitioner is in
judicial custody since 27.09.2019, charge sheet has
already been submitted under sections 395/411/412/
414/120-B/109 of the Indian Penal Code and sections
25(1-B)(a)/27 of the Arms Act and section 9-B of
Explosive Act and sections 4, 5 and 6 of the Explosive
Substances Act and the F.I.R. has been lodged against
unknown persons on 19.08.2019 and no test
identification parade has been conducted to establish the
complicity of the petitioner in the alleged crime and after
hearing the learned counsel for the State who submitted
that the case diary does not indicate holding of any T.I.
parade but stated that the petitioner has got criminal
antecedents and he further submits that the petitioner
admitted before police that he received the stolen
property which is a motor cycle, I am inclined to release
the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing a bail bond of Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the learned
Court in seisin over the matter with further conditions as
the learned court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
.............................
S.K. Sahoo, J.
P