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Sagar Naik Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Sagar Naik Vs State of OdishaSagar Naik v. State of Odisha

Allowed

Sagar Naik v. State of Odisha

Orissa HC23 Nov 2022BLAPL/9670/2022

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to petitioners accused under the IPC and Arms Act, directing release on terms to be fixed by the trial court. The court additionally directed the petitioners to appear before the Investigating Officer weekly due to their criminal proclivity, notwithstanding opposition from the State regarding the currency of investigation.

What did the court decide?

Bail granted on terms to be fixed by the trial court; direction to appear before I.O. once a week till submission of final report.

What the court decided

AI extract

Outcome

Bail granted on terms to be fixed by the trial court; direction to appear before I.O. once a week till submission of final report.

Issue for consideration

Whether to grant bail to petitioners accused under Sections 450/395 IPC and Sections 25/27 of the Arms Act during the currency of investigation. +1 more

Detailed headnote1 paragraphs

The Court allowed a bail petition filed under Section 439 Cr.P.C. Despite the ongoing investigation and the State's reliance on criminal antecedents, bail was granted considering the nature of allegations and the age of the petitioners. The Court imposed a specific condition requiring appearance before the Investigating Officer once a week until the submission of the final report. The petition was disposed of with bail granted on the investigation file court's terms.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9670 of 2022

Sagar Naik &another

State of Odisha

…. Petitioners

Mr. J.R. Dash, Advocate -versus…. Opposite Party Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

23.11.2022

Order No.

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

The Petitioners accused in G.R. Case No.686 of 2022 pending on the file of learned S.D.J.M, Athamallik, arising out of Thakurgad P.S. Case No.175 of 2022, for commission of offence under Sections 450/395 IPC and Sections 25/27 of the Arms Act.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Athmallik by order dated 02.09.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 19.08.2022 and since investigation has substantially progressed, their further continuance in custody is not warranted.

Page 1 of 2

Learned counsel for the State opposes the prayer for bail during currency of the investigation and relying on the order of rejection and recitals in the case diary that the Petitioners have criminal antecedents.

Taking into account the nature of allegation in the case at hand and considering the age of the Petitioners, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

Keeping in view the criminal proclivity, additionally it is directed that the Petitioners shall appear before the I.O once every week till submission of final form.

Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH)
Judge
PKS

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether to grant bail to petitioners accused under Sections 450/395 IPC and Sections 25/27 of the Arms Act during the currency of investigation.
2.
Whether directions for periodic reporting before the Investigating Officer are warranted given the petitioner's criminal antecedents.

Statutes considered

3 provisions across 3 enactments

AI extract

IPC450, 395
Arms Act25, 27
Cr.P.C.439

Parties & counsel

AI extract

petitioner
Sagar Naik & another
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 23 Nov 2022 · November
Registered: 30 Sept 2022
Case no.: BLAPL/9670/2022
CNR: ODHC010666222022
Topic: Bail and Remand
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Sagar Naik v. State of Odisha, BLAPL/9670/2022 (OD), decided on 23 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

IPC450, 395
Arms Act25, 27
Cr.P.C.439

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel