State of Odisha v. Mr. K.K. Gaya, ASC
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 294, 408, 420, 507
- Code of Criminal Procedure, 1973 ss. 173(8), 439
Key paragraphs
- Para 1212. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) PKS Judge
Judgment
Mr. M.K. Mohapatro, Advocate State of Odisha -versus- …. Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No.
Heard learned counsel for the Petitioner and learned ORDER 27.01.2023 counsel for the State.
The Petitioner is an accused in G.R Case No.434 of 2022 pending on the file of learned S.D.J.M, Rayagada, arising out of Chandili P.S. Case No.121 of 2022 for commission of offence under Sections 408/420/294/507 IPC.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Rayagada by order dated 04.11.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 22.08.2022 and as trial has commenced, his further continuance in custody is not warranted.
It is the submission of the learned counsel that the Petitioner is a victim of the circumstances and he is being framed in this case.
Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the investigation is kept open under Section 173(8) Cr.P.C.
The Petitioner has placed on record the statement of P.Ws.2 and 3 were working as accountants at Paramount Automotives at Debadala, Rayagada. P.W.4 was working as Mechanic. P.Ws. 5 and 6 were working as Workshop Supervisor and Service Advisor respectively. The said witnesses have not supported the prosecution.
Considering the nature of evidence qua the Petitioner, this Court is persuaded to direct release of the Petitioner on bail on such terms to be fixed by the learned court in seisin.
Additionally it is directed that the Petitioner shall not leave the jurisdiction of the learned Court in seisin without its express permission and shall appear before the learned Court in seisin on each date of trial.
Even a single default shall entail cancellation without any further reference to this Court.
Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) PKS 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.