Md. Parvej Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Lathikata P.S. Case No- 05 of 2024 corresponding to G.R. Case No. 62/2024 pending in the Court of the learned J.M.F.C.(Rural), Rourkela for alleged commission of offence under Sections 392/341/34 of I.P.C.

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Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 09.01.2024. Further, he expresses his

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apprehension with regard to early conclusion of the trial. He further submitted that the Petitioners are having no similar criminal antecedents. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioners on the ground that the Petitioners are released on bail there is a possibility he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioners be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to released the Petitioner No.2 on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter.

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It is further directed that the bail granted to the Petitioner No.2 is subject to the condition that the court below shall verify whether the Petitioner No.2 is having any criminal antecedent of similar nature. In the event it is found that the Petitioner No.2 is having any similar criminal antecedent, this bail order shall automatically stand revoked.

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So far Petitioner No.1 is concerned, the present bail application stands withdrawn with liberty to the petitioner No.1 to move the trial court afresh. In such eventuality, the Trial Court shall consider the same without being influenced by any other factor.

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Violation of any of the terms and conditions shall entail

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cancellation of bail.

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