Abdul Kaim @ Kaium v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9141 of 2022 Abdul Kaim @ Kaium ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner and learned counsel for the State 2.

The petitioner is an accused in C.T. Case No.560 of 2021, pending in the Court of the learned S.D.J.M., Karanjia, DistMayurbhanj, arising out of Raruan P.S. Case No.97 of 2021, for commission of alleged offences under Sections 392 of IPC read with Section 25 of Arms Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Karanjia by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Learned counsel for the petitioner submits that keeping in view the nature of allegations, period of custody since 12.03.2022 more so since the charge sheet has already been filed on 21.05.2022, his further continuance in custody is punitive.

5.

Learned counsel for the State opposes the prayer for bail inter alia referring to the criminal proclivity of the petitioner as noted in the order of rejection.

6.

Taking into account the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days till conclusion of the trial and such appearance shall be certified to the Court in seisin. It is needless to say violation of condition relating to appearance shall entail cancellation.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi