Allowed

Sk @ Sekh Soukat @ Sokat @ Sk. Sakat v. State of Odisha

Orissa HC21 Feb 2024BLAPL/465/2024

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the petitioner's bail application under S. 439 Cr.P.C. in a theft case involving stolen conductors, subject to conditions regarding antecedents, attendance, surrender, and reporting to police.

What did the court decide?

Petitioner admitted to bail on furnishing bonds of Rs. 50,000 with two solvent sureties each, subject to specific conditions of attendance, reporting, and no criminal antecedents.

Sk @ Sekh Soukat @ Sokat @ Sk. Sakat Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 465 of 2024

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Sk @ Sekh Soukat @ Sokat @ Sk. Sakat

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… Petitioner

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Mr. A. Mishra, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mrs. S.R. Sahoo, ASC

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

21.02.2024

Order No.

01.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 772 of 2023 arising out of Patna P.S. Case No.195 of 2023 pending in the file of learned J.M.F.C.(Cog. Taking), Keonjhar for commission of offences punishable under Section 395 of the IPC, on the allegation of committing theft of 232 square meter of conductor costing around Rs.4,20,000/-, along with others.

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Heard, Mr. A. Mishra, learned counsel for the petitioner, and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. It is, however, submitted by Mr. A.Mishra that in case the petitioner

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would be found to have more than one criminal antecedent, his bail application may kindly be rejected. 4. After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brough against him and on going through the materials placed on record which reveals the mode and manner of implication of the present petitioner in this case and regard being had to the pre-trial detention of the petitioner in custody since 25.10.2023 and taking into account the release of coaccused persons Harish Chandra Rout @ Bapi on bail in BLAPL No. 14648 of 2023, Sekh Irfan on bail in BLAPL No.14541 of 2023 and Sajan Khan @ Sahajan Khan on bail in BLAPL No. 14542 of 2023, this Court admits the petitioner to bail, subject to his having no criminal antecedent besides this case.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with . In case the Petitioner fails without sufficient cause to

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appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay and

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(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

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The I.I.C. shall not detain the petitioner in unnecessarily after recording of his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for offence under grave/similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

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Accordingly, the BLAPL stands disposed of. In terms of the submission of learned counsel for the petitioner, it is observed that if the petitioner is found to have any criminal antecedent except this case, the

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benefit of this order shall not be extended to the petitioner.

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Urgent certified copy of the order be granted on proper application.

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(G. Satapathy) Judge

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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Feb-2024 14:27:48

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Sk @ Sekh Soukat @ Sokat @ Sk. Sakat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk @ Sekh Soukat @ Sokat @ Sk. Sakat v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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