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Orissa High Court

Sudhakar Samantaray vs State Of Odisha .... Opposite Party on 15 May, 2023

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.4845 of 2023

                 Sudhakar Samantaray             ....                  Petitioner
                                                      Mr. M.K. Chand, Advocate

                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                           Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

15.05.2023 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in G.R. Case No.33 of 2022 pending on the file of learned J.M.F.C. (COG), Khurda arising out of Jankia P.S. Case No.410 of 2022 for commission of the alleged offence under Sections 379/411/34 IPC & Section 68 of the OMMC Rule and Section 12 of the OMMPTS Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 1st Addl. Sessions Judge, Khurda by order dated 12.04.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner along with co-accused were taken into custody since 27.3.2023 on the accusation of lifting laterite stones from the Government land.

5. It is further submitted that since investigation has progressed substantially and co-accused has already been released on bail by the learned Court in seisin, the Petitioner may be released on bail.

6. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the Petitioner, as noted by the learned 1st Addl. Sessions Judge, Khurda while rejecting his bail application.

7. The same is fortified by an affidavit filed by the learned counsel for the Petitioner in Court regarding his criminal antecedents.

8. It is submitted by the learned counsel for the Petitioner that in most of the cases, the Petitioner has been enlarged on bail.

9. Considering the nature of allegation, progress in investigation, punishment prescribed and the period in custody, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. Additionally, it is directed that the Petitioner 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 submission of final form and thereafter once every month till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. It is further directed that the Petitioner shall not commit any offence during currency of the bail period.

11. If it comes to fore that the Petitioner has involved himself in any other offence including of similar nature, it shall be open to the learned Court in seisin to take steps to commit the Petitioner to custody in accordance with law without further reference to this Court.

12. The BLAPL thus stands disposed of.

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

                                                                                (V. NARASINGH)
                             PKS                                                       Judge




Signature Not Verified
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN

Designation: ASSISTANT REGISTRAR-CUM-SENIOR SECRETARY Reason: Authentication Location: Orissa High Court Date: 16-May-2023 18:50:10 Page 3 of 3