Orissa High Court
Ghanashyam Dandasena vs State Of Orissa .... Opposite Party on 17 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8272 of 2023
Ghanashyam Dandasena .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
17.08.2023 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 Criminal Trial No. 91 of 2023 (Sessions) which is arising out of C.T. Case No. 434 of 2022, pending before the Court of the learned Additional Sessions Judge, Dharamgarh, arising out of Junagarh P.S. Case No. 447 of 2022 for alleged commission of offences under Sections 395 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, Dharamgarh, by order dated 20.07.2023 in the aforementioned case, the present BLAPL has been filed.
4. The Petitioner was initially released on bail by this Court by order dated 24.03.2023 in BLAPL No. 1370 of 2023 subject to verification of criminal antecedent. Since the Petitioner is involved in more than 3 cases of Junagada P.S. Case, learned Court in seisin rejected the bail application.
Page 1 of 25. Ex facie this Court does not find any infirmity in the order passed.
6. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner. In respect of criminal antecedent an affidavit has been filed at the behest of the Petitioner indicating that the Petitioner has been cited as an accused in Junagarh P.S. Case No.301 of 2015, Junagarh P.S. Case No. 102 of 2016 and Junagarh P.S. Case No. 14 of 2023.
7. Considering the nature of criminal antecedent being of the year 2015, 2016 and 2023 being not of similar nature, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
8. Learned Court is requested to verify as to whether the Petitioner has any other criminal antecedent than the three noted hereinabove. If there are any other criminal antecedent, the order shall stands recalled.
9. In view of the criminal proclivity, 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 conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
10. Accordingly, the BLAPL stands disposed of.
11. 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: 18-Aug-2023 20:18:22 Page 2 of 2