Allowed

Sambhunath Nayak v. State of Odisha

Orissa HC20 Dec 2018BLAPL/6106/2018

Case brief

AI extract

What is this about?

The Single Judge granted bail to the petitioner, an accused in Balichandrapur P.S. Case No.24 of 2017 involving offences under IPC and Arms Act, noting the co-accused was already on bail and material against the petitioner was limited to one co-accused's confession.

What did the court decide?

Petitioner released on bail with conditions to appear before the trial court and report to the IIC Balichandrapur on Saturdays between 10.00 A.M. and 2.00 P.M. for six months.

Sambhunath Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2018)

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BLAPL No.6106 of 2018

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20.12.2018

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The petitioner being in custody in connection with Balichandrapur P.S. Case No.24 of 2017 corresponding to G.R. Case No.179 of 2017 pending in the court of the learned J.M.F.C., Chandikhole running for the alleged commission of offence under sections 392/34 IPC read with section 25/27 of Arms Act, 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 coaccused namely Duari @ Nirmala Das similarly situated with the petitioner has in the meantime been released on bail by the order of this Court passed on 18.07.2018 in BLAPL No. 4506 of 2018. He further submits that the petitioner was taken on remand in this case on the basis of NBW(A) and excepting the confessional statement of the coaccused, there is no material against the petitioner.

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Learned counsel for the State producing the case diary opposes the move in view of the fact that two other cases of similar nature are running against the petitioner. He of course fairly submits that excepting the confessional statement, there is no other material against the petitioner.

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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 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 will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial and would

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report on every Sunday in between 10.00 A.M. to 2.00 P.M. before the IIC of Balichandrapur Police Station for a period of six months.

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The BLAPL is accordingly 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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Aks

Sambhunath Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sambhunath Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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