Sushanta Penthei vs State Of Odisha
2023 Latest Caselaw 8106 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        BLAPL No.7628 of 2023

             Sushanta Penthei                          ....                   Petitioner
                                                             Mr. U. Barik, Advocate
                                                -versus-

             State of Odisha                           ....              Opposite Party
                                                             Mr. P.K. Maharaj, ASC

                                   CORAM: JUSTICE V. NARASINGH

                                             ORDER

24.07.2023 Order No.

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

2. The Petitioner is an accused in G.R. Case No.446 of 2023 pending on the file of learned J.M.F.C., Barbil, arising out of Joda P.S. Case No. 162 of 2023 for commission of the offence under Sections 394 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, Champua by order dated 27.06.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 30.05.2023, on the accusation that he along with other co- accused broke upon the glass of truck parked on the NH-520 and threatened the driver at knife point and took away the battery, mobile phone, ATM Card off HDFC bank, cash of Rs. 4,500 and forced him to transfer further sum of Rs. 4,600 to the account of the Petitioner.

5. It is further submitted by the learned counsel that the Petitioner is the first offender. In as much as he was cited as an accused in Joda P.S. Case No. 59 of 19.03.2023 as in the said case, he has been acquitted by Judgment dated 19.02.2021 by the J.J.C. Keonjhar in 39/2020(G.R. 174 of 2020).

6. Learned counsel for the State opposes the prayer for bail during currency of investigation.

7. Taking note that the Petitioner has no other criminal proclivity, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8. Before releasing the petitioner on bail, learned Court below is called upon to verify as to whether the Petitioner has any other criminal antecedent, if it comes to fore that the Petitioner has criminal antecedent of any nature, this order shall stand recalled.

9. Additionally, it is directed that 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 submission of final form. 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: 25-Jul-2023 20:14:06