Allowed

Dhurguj Mandal v. State of Odisha

Orissa HC6 Jul 2023BLAPL/3415/2023

Case brief

AI extract

What is this about?

Petitioner sought bail under Section 439 Cr.P.C. challenging refusal to release in a gang robbery case. Court granted bail allowing parity with other co-accused despite criminal antecedents, directing execution of bail bond and attendance in trial.

What did the court decide?

Petitioner released on bail for Rs. 40,000 with two sureties subject to conditions to maintain law & order and appear in court.

Dhurguj Mandal 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.3415 of 2023

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Dhurguj Mandal

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…. Petitioner

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Mr. K.K.Mishra, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. Y.S.P.Babu, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER 06.07.2023

Order No.

Heard Mr. Mishra, learned counsel for the petitioner and Mr. Babu, learned AGA for the State-opposite party.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Puri G.R.P.S. Case No. 126 of 2022 registered under Sections 380/328/34 IPC corresponding to G.R. Case No. 2684 of 2022 pending before the court of learned SDJM, Puri on the grounds stated therein.

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Mr. Mishra, learned counsel for the petitioner submits that two other accused persons have been released on bail by this Court’s order dated 24^th April, 2023 and 23^rd June, 2023 in BLAPL Nos. 3701 and 6419 of 2023 respectively and in so far as the petitioner is concerned, he is in similarly situated like them. It is alleged that the petitioner has been implicated along with others without any material on record and since the investigation stands concluded in the meantime, considering the release of other two co-

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accused persons, he should be enlarged on bail subject to any conditions as would be imposed by the Court.

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Mr. Babu, learned AGA for the State-opposite party on the other hand submits that the petitioner is involved in the alleged incident and having criminal antecedent with five criminal cases to his credit and he also belongs to the State of Jharkhand and therefore, should not be granted bail.

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The orders in BLAPL Nos. 3701 and 6419 of 2023 are at flag-‘A’ & ‘B’ respectively.

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As it is made to understand, some of the suspects were put to T.I. parade and in one case or the other, the identification has been successful. It is fairly admitted by Mr. Mishra that the petitioner has been identified along with other suspects in one of the cases. It is also made to understand that some of the stolen or looted items have been recovered. However, Mr. Mishra, learned counsel for the petitioner submits that such articles have not been put to T.I.parade. The investigation is stated to be over but trial has not yet commenced as informed to the Court by Mr. Mishra. Admittedly, the petitioner is having criminal antecedents, however, regard being had to the release of other co-accused persons by orders of this Court at flag- ‘A’ & ‘B’, who are also having criminal antecedents and belong to the State of Jharkhand, the Court is of the view that rule parity should be extended with a direction for release of the petitioner as well.

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Accordingly, it is ordered.

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In the result, the BLAPL stands allowed.

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Kabita

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Consequently, it is directed that the petitioner be released on bail in connection with G.R. Case No. 2684 of 2022 arising out of G.R.P.S. Case No. 126 of 2022 on furnishing a bail bond of Rs. 40,000/- with two solvent sureties (one among them to be his family member) for the like amount each subject to the satisfaction of the learned SDJM, Puri, who shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case with the following condition that he shall not involve himself in any such criminal activities when on bail and shall attend the court below as and when directed for the purpose

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of inquiry and trial without fail.

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The BLAPL is accordingly disposed of.
11. A certified copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge

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Signature Not Verified

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Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary Reason: Authentication Location: OHC, Cuttack Date: 07-Jul-2023 18:05:44

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Dhurguj Mandal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhurguj Mandal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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