Pradeep Kumar Baliarsingh v. State of Odisha
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 395
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1414. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 22-Jul-2023 13:20:43
Judgment
Mr. S. Panda, Advocate Opposite Party Mr. T.K. Praharaj, SC CORAM: JUSTICE V. NARASINGH Order No.
ORDER 20.07.2023 Heard learned counsels for the Petitioner and learned Additional Standing Counsel for the State.
The petitioner is an accused in connection with C.T. Case No.272 of 2023, pending on the file of the learned J.MF.C.-III, Bhubaneswar, arising out of Nayapalli P.S. Case No.123 of 2023 for alleged commission of offences under Section 395 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge-cum- Special Judge (Vigilance), Bhubaneswar, by order dated 05.05.2023, the present BLAPLs have been filed.
The petitioner is taken into custody on the allegation of commission of offence under Section 395 of IPC.
It is submitted by the learned counsel that since investigation has progressed substantially, he may be released on bail.
Learned counsel for the petitioner also relies on the order dated
28.06.2023 passed by this Court in respect of the co-accused in BLAPL No.5057 of 2023 and other connected cases and seeks release inter alia on the ground of parity.
Learned counsel for the State opposes the prayer for bail during the currency of investigation.
From the recitals in the Case Diary and instruction received by the learned State counsel taken on record, it comes to the fore that to facilitate the co-accused Jagannath Prasad Dasarapuria and Ranjit Dasarapuria to take possession of the land, they engaged the present petitioner through one Snehasis Samal @ Sanu.
It is stated by the learned counsel that the petitioner is the victim of circumstances and he has only acted at the behest of the principal accused Jagannath Prasad Dasarapuria and Ranjit Dasarapuria and being engaged by the co-accused Snehasis Samal @ Sanu.
It is further stated that the petitioner has no other criminal antecedent save and except the cases instituted in connection with the present occurrence, which took place on the intervening night of
24.03.2023/25.03.2023.
Considering the role ascribed to the petitioner and since he has no criminal antecedents other than connected with the occurrence which has been stated hereinabove, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure that there is no impediment to the ongoing investigation.
Before releasing the petitioner, learned Court in seisin shall verify as to whether the petitioner has any criminal antecedents unconnected with the incident dated 24.03.2023/25.03.2023 as stated. In the event it comes to the fore that he has any other criminal antecedents, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 22-Jul-2023 13:20:43
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.