Santu @ Santosh Das @ Bhoi v. State of Odisha
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 399, 402
- Arms Act, 1959 ss. 25, 27
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1313. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules.
Judgment
Mr. H.K. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No.
Heard learned counsel for the Petitioner and learned counsel ORDER 01.02.2024 for the State.
The Petitioner is an accused in connection with G.R. Case No.412 of 2023 pending on the file of learned S.D.J.M., Puri, arising out of Puri Town P.S. Case No.198 of 2023 for commission of offence alleged under Sections 399/402 of IPC read with Section 25/27 of Arms Act.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Puri by order dated
03.08.2023 in the aforementioned case, the present BLAPL has been filed.
Perused the order of rejection and the copy of the FIR and charge sheet.
It is submitted by the learned counsel that the Petitioner is in custody since 30.05.2023 and as charge sheet has already been filed on 28.07.2023, he may be released on bail.
It is further submitted by the learned counsel that only because of criminal antecedent, Petitioner has been arrayed as an accused in the case at hand.
Learned counsel for the Petitioner also submits that the Petitioner is similarly circumstanced with the co-accused who have since been released on bail by this Court by order dated 26.09.2023 in BLAPL Nos.8983, 9017, 9039 of 2023 and order dated 29.11.2023 in BLAPL No.11578 of 2023. Hence, he seeks release inter alia on the ground of parity.
An affidavit has been filed at the behest of the Petitioner indicating that the Petitioner has 14 criminal antecedents. The same is taken on record. On instruction, it is stated by the learned counsel that the Petitioner is on bail in all the cases.
Referring to the same, learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioner has violated the trust reposed in him with impunity.
Taking note of the allegation and release of the co-accused, 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 twice every week 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.
Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Feb-2024 18:27:16 Santoshi (V. NARASINGH) Judge
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.