Allowed

Biswajit Giri v. State of Odisha

Orissa HC4 Jan 2022BLAPL/9082/2021

Case brief

AI extract

What is this about?

In this bail application, the petitioner sought release after nearly 2 months of custody. The court observed co-accused were released earlier. Despite objections regarding a recovered pistol and criminal antecedents, the court granted bail on terms.

What did the court decide?

Petitioner released on bail on such terms and conditions as the trial court may deem fit, including personal appearance on all dates.

Biswajit Giri Vs State of Odisha — Cheating and Forgery | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 9082 of 2021

Biswajit Giri

….

Petitioner

Mr. R.K. Mahanta, Advocate

¶7

-Versus -

¶8

State of Odisha

¶9

…. Opposite Party

¶10

Mr. A. Pradhan, Addl. Standing Counsel

¶11

CORAM: JUSTICE SASHIKANTA MISHRA

¶12

ORDER_ 04.01.2022

¶13

Order No.

¶14

02.

¶15

This matter is taken up through hybrid mode.

¶16

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

¶17

The petitioner is in custody since 09.08.2021 in connection with Ghagarbeda P.S. Case No.55 of 2021 corresponding to C.T. Case No.638 of 2021 pending in the court of learned S.D.J.M., Karanjia for the alleged commission of offence under Sections 399/402 of IPC read with Section 25 of the Indian Arms Act.

¶18

It is submitted that the co-accused persons have already been released on bail by order passed by this Court vide order dated 10.11.2021 passed in BLAPL No. 8391 of 2021, order dated 22.11.2021 passed in BLAPL No. 8163 of 2021 and order dated 10.11.2021 passed in BLAPL No. 8394 of 2021. 5. Learned Additional Standing Counsel for the State has opposed the prayer for bail by submitting that the petitioner stands on a different footing than the other co-accused persons

¶19

Page 1 of 2

¶20

inasmuch as a pistol was recovered from his possession and further he has several criminal antecedents to his name.

¶21

Having considered the rival submissions, the materials on record, the period of detention already undergone and the fact that the co-accused persons have already been released on bail, I find no justified reason to deny bail to the petitioner. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case

¶22

without fail.

¶23

The BLAPL is accordingly disposed of.

¶24

Urgent certified copy of this order be granted on proper

¶25

application.

¶26

( Sashikanta Mishra)
Judge

¶27

B.C. Tudu

¶28

Page 2 of 2

Biswajit Giri v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswajit Giri v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harikrushna Barua Vs State of Odisha

Brushabha@ Srikanta Digal Vs State of Odisha

Bubu@ Bhabanishankar Bhanja Vs State of Odisha

Kabiraj Jena Vs State of Odisha

Fakir Mohan Bihari Vs State of Odisha

Tapan Kumar Pattnaik Vs State of Odisha