Allowed

Bumba @ Ajaya Patra v. State of Odisha

Orissa HC21 Jul 2023BLAPL/2133/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, an accused in a dacoity case, noting that the trial was delayed due to the absence of co-accused. The trial court (in seisin) was directed to fix bail terms and monitor the petitioner's appearance.

What did the court decide?

The petitioner is directed to be released on bail on terms to be fixed by the trial court; petitioner must appear before the Investigating Officer twice weekly; steps to be taken for cancelling co-acc

Bumba @ Ajaya Patra 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. 2133 of 2023

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Bumba @ Ajaya Patra …. Petitioner

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Mr. A.R. Panda, Advocate

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-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 No.

04.

ORDER 21.07.2023

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

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The petitioner is an accused in C.T. Case No.742 of 2022, pending before the learned S.D.J.M., Balasore, arising out of Sahadevkhunta P.S. Case No.264 of 2022, for commission of alleged offences under Sections 399/402 of IPC and Section 27 of Arms Act and Section 4 &5 of Indian Explosive Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2^nd Additional Sessions Judge, Balasore, by order dated 10.02.2023 in the aforementioned case, the present BLAPL has been filed.

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The allegation against the petitioner is that while committing to prepare dacoity, the petitioner was taken into custody.

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It is stated by the learned counsel that the petitioner is in custody since 15.08.2022 and the charge sheet has already been submitted on 13.12.2022.

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Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the petitioner.

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On the basis of materials in the Case Diary, learned counsel for the State further submits that a sword was recovered from the petitioner.

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Perused the report of the learned District Judge, Balasore.

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On perusal of the same, it is seen that the case is not progressing because of the non-appearance of the co-accused Lala Das and Chandan Singh.

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Taking note of the same, 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 Investigating Officer twice every week till conclusion of trial on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

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Steps in accordance with law be taken for cancellation of bail of the co-accused for whose non appearance, the trial is lingering.

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Copy this order be communicated to the learned Court in seisin and the follow up steps taken in this regard be intimated to this Court.

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Registry is requested to do the needful.

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

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 22-Jul-2023 13:50:47 Ayesha

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Bumba @ Ajaya Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bumba @ Ajaya Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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