Samir Swain@Raja@Sameer Swain Vs State of Odisha

BLAPL No.6290 OF 2018

01.11.2018: Learned counsel for the petitioner is not present presumably, in view of the cease work call given by the Orissa High Court Bar Association.

None appears on behalf of the State. The record in connection with the case has also not been placed.

The petitioner being in custody in connection with G.R. Case No.84 of 2018 arising out of Polsara P.S. Case No.55 of 2018 pending in the court of learned J.M.F.C., Kodala running for alleged commission of offence under section 379 of IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Perusal of the F.I.R. reveals that the case has been registered on the basis of the information regarding theft of 7 number of batteries by braking open the lock of the box fitted to the solar light stands. On going through the order passed by the learned Assistant Sessions Judge, Kodala on 18.08.2018 passed in B.A.No.94 of 2018, it is seen that the ground of rejection of the prayer for bail is that the petitioner is a habitual offender. Although it is indicated in the order that few cases of similar nature are running against the petitioner, yet the specific numbers of those cases have been mentioned.

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For all the aforesaid; further taking into account the period of detention of the petitioner in custody and other surrounding circumstances, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case with a further condition that the petitioner shall report before the Inspector-in-Charge

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Polsara P.S. every Sunday in between 10.00 am to 2.00 pm a period of six months. This order be communicated immediately to the person concerned.

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The BLAPL is accordingly disposed.

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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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Basu

Samir Swain@Raja@Sameer Swain v. State of Odisha

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Samir Swain@Raja@Sameer Swain v. State of Odisha

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