Allowed

Sk. Irfan v. State of Odisha

Orissa HC6 Jun 2024BLAPL/5536/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner accused of theft under IPC Sections 457/380, noting the investigation was complete. The court imposed unique conditions requiring the petitioner to plant 50 saplings every Monday at a local police station.

What did the court decide?

Petitioner released on bail with conditions to plant 50 saplings, appear at Police Station on Mondays, avoid criminal activities, not tamper evidence, and not threaten victims.

Sk. Irfan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.5536 of 2024

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Sk. Irfan

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…. Petitioner

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Mr. Lokanath Naik, Adv.

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-versus-

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…. The State of Odisha Opposite Party Mr. Tapas Kumar Praharaj, ASC

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CORAM:

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DR.JUSTICE S.K. PANIGRAHI

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Ord No.	er		ORDER 06.06.2024
F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0392	22.11.2023	Madhupatna	Madhupatna P.S. Case No.392 dated 22.11.2023 corresponding to G.R. Case No.1286/2023, pending in the court of learned J.M.F.C.-IV (Cog. Taking),Cuttack	457/380 of the I.P.C

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned counsel for the State.

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3 . The Petitioner being in custody in connection with

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Signature Not VerifiedMadhupatna P.S. Case No.392 dated 22.11.2023 corresponding

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant to G.R. Case No.1286/2023, pending in the court of learned Reason: Authentication Location: High Court of Orissa Date: 07-Jun-2024 15:26:01

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Page 1 of 3

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J.M.F.C.-IV (Cog. Taking), Cuttack, registered for the alleged commission of offence under Sections 457/380 of the I.P.C, has filed this petition for his release on bail.

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4 . The brief facts of the case is that in the intervening night of 21/22.11.2023, some unknown persons committed theft of some gold ornaments and cash of Rs.10,000/- from the house of one Ashok Kumar Das of Kantilo by breaking the lock of the main door of his house. Thereafter, upon lodging of F.I.R, investigation was conducted.

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5 . During course of investigation, having found prima facie evidence, the present Petitioner was arrested and forwarded to the court in seisin over the matter on 08.02.2024.

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6 . At this juncture, learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 08.02.2024. He further submits that the Petitioner is an innocent person and he has been falsely implicated in this case. Hence, he may be released on bail in the aforesaid case.

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7. Learned counsel for the State contends that the investigation relating to this case is already completed. He also vehemently opposes the bail prayer of the Petitioner.

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8. Be that as it may, without going into the merits of the case and keeping in view the submission of learned counsel for the

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Signature Not VerifiedState that investigation relating to this case is already Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant completed, this Court is of the view that there is no

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 07-Jun-2024 15:26:01

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Page 2 of 3

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requirement of keeping the Petitioner inside custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the court in seisin over the matter on some stringent terms and conditions with further conditions that:

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i. the Petitioner shall plant 50 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land, if it is in the possession of the Petitioner;

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ii. the Petitioner shall appear before the concerned local Police Station on every Monday between 10.00A.M. to 1.00P.M.;

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iii. the Petitioner shall not indulge himself in any criminal activities in future;

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iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

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v. the Petitioner shall not threaten or cause any kind of inconvenience to the victim or the family members of the victim.

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Violation of any of the above conditions shall entail cancellation of the bail.

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9. The I.I.C, Madhupatna Police Station shall see; whether the Petitioner has planted the saplings or not.

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10. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner.

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11. This BLAPL is, accordingly, disposed of.

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Signature Not Verified

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(Dr. S.K. Panigrahi)

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Vacation Judge Location: High Court of Orissa Ayaskanta Date: 07-Jun-2024 15:26:01

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Page 3 of 3

Sk. Irfan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Irfan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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