Allowed

Sunil Nahak v. State of Odisha

Orissa HC6 Nov 2023BLAPL/12917/2022

Case brief

AI extract

What is this about?

Single judge order allowing bail to the petitioner in a robbery case. The court observed that despite the petitioner being a habitual offender with a pistol, pending release after investigation was concluded and he underwent significant detention.

What did the court decide?

Petitioner released on bail on terms and conditions to be fixed by the trial court, including personal appearance on all case dates.

Sunil Nahak Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 12917 of 2022

Sunil Nahak

….

Petitioner

Mr. A. Pattanaik,

Advocate

-Versus -

State of Odisha

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Opposite Party

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….

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Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

06.11.2023

Order No. 05.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner while in custody in connection with Polasora P.S. Case No. 179 of 2019 was taken on remand in Aska P.S. Case No. 214 of 2019 on 26.02.2020. The present case arises out of an FIR lodged by one Ajit Kumar Sahoo before Aska Police Station alleging that while he was returning after collecting group installment money on 06.07.2019, in between Rishipur to Niral village three persons came in a black colour Pulsar motorcycle and snatched away cash of Rs. 2,47,950/- from his possession and also the motorcycle, mobile, and Samsung Tab on the point of Pistol. Basing on such FIR, the above P.S. Case has

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been registered corresponding to G.R. Case No.405 of 2021 in the court of learned J.M.F.C., Aska.

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It is submitted that the petitioner has been implicated in this case entirely on suspicion and that there is no material directly or indirectly to implicate him in the occurrence.

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Learned Additional Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that the petitioner is a habitual offender being involved in series of similar type of offences and therefore if released, he may cause danger to the society. It is further submitted that a Pistol was seized from the possession of the petitioner.

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Have considered the rival submissions and on perusal of the materials on record, it is observed that while it is true that there may have been some criminal antecedents, but, the same cannot be a ground to detain the petitioner in custody indefinitely. That apart, as submitted by learned Additional Standing Counsel for the State, investigation into the case has already been concluded and charge-sheet has been submitted. 7. Under such circumstances and particularly having regard to the period of detention already undergone and fact that the petitioner is a permanent resident under Kabisuryanagar Police Station of Ganjam district, I find no reason to detain him in custody any longer. The bail application is therefore allowed. Let the

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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 without fail, failing which the court below shall be entitled to pass such adverse order against him as it may deem fit.

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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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( Sashikanta Mishra)
Judge

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B.C. Tudu

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Nov-2023 11:42:35

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Sunil Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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