Allowed

Bapi Sahoo v. State of Odisha

Orissa HC27 Nov 2018BLAPL/5672/2018

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under section 439 Cr.P.C. by a accused detained for over a year in a robbery case. Considering no impediment to trial and long detention, bail was granted with conditions to appear before the trial court and report to the IIC every alternate Sunday for six months.

What did the court decide?

Released on bail with terms to appear before the trial court and report to IIC every alternate Sunday for six months.

Bapi Sahoo Vs State of Odisha — Service and Employment | Orissa HC (2018)

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BLAPL NO. 5672 OF 2018

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27.11.2018

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The petitioner being in custody in Odagaon P.S. Case No.16 of 2017 corresponding to G.R. Case No. 39 of 2017 pending in court of learned Sessions Judge, Nayagarh, running for the alleged commission of offence under sections 392 of the IPC, has filed this application under section 439 Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that the materials against the petitioner is the confessional statement of the accused and the petitioner having remained in custody for more than a year, when the investigation of the case is complete, his further detention is no more warranted. In view of above, he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move, in view of the criminal antecedent of the petitioner that he is involved in number of cases of similar nature.

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Learned counsel for the petitioner refutes the submission contending that the petitioner having been arrested in one case; his remand is sought for in other cases which have been initiated against him without any justification, only to see that he remains behind the bar for long.

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Considering the submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody and in the absence of any other impediment, it is directed that the petitioner be

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released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he shall appear on each date of posting of the case before the court below and shall report before the IIC, Odagaon P.S., every alternate Sunday in between 10.00 AM to 2.00 PM for a period of next six months from the date of his actual release from custody.

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The BLAPL stands disposed of.

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Issue urgent certified copy as per rules.

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……………………..

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D. Dash, J.

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Narayan

Bapi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bapi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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