Allowed

Rahul Saha v. State of Odisha

Orissa HC1 Mar 2023BLAPL/196/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, an accused in an attempt to murder case. The Court directed a weekly appearance to the police and prohibited intimidating the injured, despite objections regarding the petitioner's criminal record.

What did the court decide?

Petitioner released on bail on terms to be fixed by the lower court; weekly police appearance; prohibition on intimidating injured.

Rahul Saha Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 196 of 2023

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Rahul Saha

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Petitioner

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Mr. J. Samantaray, Advocate

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-versus-

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State of Odisha

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Opposite Parties

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER 01.03.2023

Order No.

03.

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.834 of 2022, pending in the file of learned JMFC, Pipili arising out of Pipili P.S. Case No.559 of 2022 for commission of alleged offences under Sections 341/294/323/307/34 of IPC read with Section 25/27 of Arms Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1^st Additional District & Sessions Judge, Puri by order dated 27.12.2022 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner is in custody since 26.10.2022 and as charge sheet has already been filed on 11.02.2023, further continuance of the petitioner in custody is not warranted.

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The allegation against him that he instigated one Hafiz Khan to fire at the injured Sanatan Pradhan.

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Page 1 of 2

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Learned counsel for the petitioner places the statement of the said injured Sanatan Pradhan.

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On perusal of the said statement, it is seen that the overt act of gunshot is attributed to Hafiz Khan.

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It is also stated by the learned counsel for the State on the basis of recitals in the Case Diary that petitioner instigated the said Hafiz Khan to fire at the present petitioner.

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Learned counsel for the State also opposes the prayer for bail keeping in view the criminal proclivity of the petitioner. 10. Considering that in the case at hand, the overt act is attributed to Hafiz Khan, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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It is further directed that he shall not in any way try to intimidate the injured/his family.

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It shall be open to the informant/injured to seek variance of this order in case there is any threat perception.

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Accordingly, the BLAPL stands disposed of. 15. Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH)

Judge

Santoshi

Page 2 of 2

Rahul Saha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rahul Saha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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