ORISSA AT CUTTACK BLAPL No. 7564 of 2023 · Orissa High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 201
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1212. 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: 25-Jul-2023 19:53:53
Judgment
Mr. J. Sahoo, Advocate State of Odisha -versus- …. Opposite Party Mr. T.K. Praharaj, SC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.07.2023
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners is an accused in connection with G.R Case No. 370 of 2006(B), pending on the file of the learned J.M.F.C., Khallikote, arising out of Kodala P.S. Case No.228 of 2006 for alleged commission of offences under Sections 498-A/304- B/306/201/34 of I.P.C. read with Section 4 of D.P. Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote by order dated 04.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner was released on bail by this Court by order dated 21.08.2014 in BLAPL No.10833 of 2014.
Since the petitioner did not appear on the date of commitment, NBW(A) was issued and he was taken into custody on
22.06.2023.
It is apt to note here that in the meanwhile some of the co- accused persons who have faced trial have since been acquitted.
It is submitted by the learned counsel for the petitioner that prima facie the allegation against the petitioner is under Section 201 of IPC.
Learned counsel for the State opposes the prayer for bail since the petitioner did not appear on the date fixed.
Considering the submission that the non-appearance was unintentional and keeping in view the age of the petitioner (70 years), this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
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: 25-Jul-2023 19:53:53
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.