Bail application for an offence punishable under Sections 394/34 IPC involving alleged snatching of a gold chain. Court granted regular bail considering pretrial detention since 31.08.2023, charge sheet submission and co-accused's earlier release.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 779 of 2024
Md. Kosar @ Kausher @ Md. Koshar
Petitioner
Mr. S.R. Das, Advocate
-versus-
State of Odisha
… Opposite Party
Mrs. S.R. Sahoo, ASC
CORAM: JUSTICE G. SATAPATHY
ORDER(ORAL)
21.02.2024
Order No.
01.
Page 1 of 3
petitioner has been implicated in this case on the basis of statement of co-accused.
(i) the petitioner shall not commit any offence while on bail,
(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 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 ,
Page 2 of 3
(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
(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a week preferably on 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.
The I.I.C. shall not detain the petitioner in unnecessarily after recording of his attendance beyond the time as stipulated.
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.
(G. Satapathy) Judge
S. Sasmal
Signature Not Verified
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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1 issue framed by the court
Whether petitioner implicated via co-accused statement despite criminal antecedents may be granted bail under Sections 394/34 IPC charges.
3 provisions across 2 enactments
Md. Kosar @ Kausher @ Md. Koshar
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
