Allowed

Babula Harijan v. State of Odisha

Orissa HC14 Nov 2022BLAPL/10357/2022

Case brief

AI extract

What is this about?

The Court allowed bail to the petitioner in a Section 395 IPC case. Relying on the release of co-accused and lack of recovery, bail was granted with weekly police certification until trial concludes, noting the petitioner's criminal antecedents.

What did the court decide?

Petitioner released on bail with weekly appearance certification before the trial court; additional terms due to criminal antecedents.

Babula Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.10357 of 2022

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Babula Harijan

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…. Petitioner

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Mr. A. Mishra, Advocate -versus-

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State of Odisha

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…. Opposite Party

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Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

14.11.2022

Order No.

This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in G.R. Case No.116 of 2020 pending on the file of learned S.D.J.M., Jeypore, arising out of Baipariguda P.S. Case No.22 of 2020, for commission of the offence alleged under Section 395 IPC.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District & Sessions Judgecum-Special Judge, Vigilance, Jeypore by order dated 07.07.2022 in the aforementioned case, the present BLAPL has been filed. 5. It is submitted by the learned counsel for the Petitioner, relying on the order of rejection, that the Petitioner has been implicated on the basis of the statement of the co-accused- Bhima Pangi and Banabasi Khilla. It is on record that both the co-accused

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i.e. Bhima Pangi has been released on bail by this Court by order dated 16.10.2022 in BLAPL No.3625 of 2020 and Banabasi Khilla by order dated 07.07.2020 in BLAPL No.198 of 2020 (T) by the learned Court in seisin. Hence, on the ground of parity, learned counsel for the Petitioner prays for release of the Petitioner.

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Learned counsel for the State, relying on the order of rejection, which ex facie shows that the Petitioner has criminal antecedent, opposes the prayer for bail.

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Considering the release of the co-accused and the basis of implication of the Petitioner and there being no recovery from the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be filed by the learned Court in seisin over the matter. 8. Keeping in view his criminal proclivity, additionally, it is directed that the Petitioner shall appear before the jurisdictional police station of the learned Court in seisin once every week till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin over the matter.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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(V. NARASINGH) Judge

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PKS

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Babula Harijan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babula Harijan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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