LAWS(ORI)-2022-1-21

STATE OF ODISHA Vs. RAJ KUMAR JAIN

Decided On January 04, 2022
State Of Odisha Appellant
V/S
RAJ KUMAR JAIN Respondents

JUDGEMENT

(1.) Aforesaid applications are disposed of by the following order in view of the fact that the same arise out of a common cause of action for cancellation of bail granted to the accused persons by the orders of this Court. CRLMA Nos.83, 84 & 85 of 2020:

(2.) The present applications have been filed by the State in terms of Sec. 439(2) of the Criminal Procedure Code, 1973 (herein after referred to as 'the Code') for cancellation of bail granted to the respective opposite parties by orders of this Court in ABLAPL Nos.16569, 16583 and 16561 of 2017 disposed of on 23/10/2017 arising out of Badagada P.S. No.92 of 2017 corresponding to C.T. Case No.1671 of 2017 registered under Sec. (s) 420 and 120-B IPC pending in the file of learned S.D.J.M., Bhubaneswar on the grounds, inter alia, that all of them have violated the conditions of the bail orders, inasmuch as, did not cooperate the IO during investigation and for having left the jurisdiction of Bhubaneswar without requisite permission being obtained.

(3.) Learned Additional Government Advocate appearing for the State contended that the accused persons misutilised the liberty granted by orders of this Court and are guilty of violating the above said conditions and therefore, it is a fit case where bail should be cancelled. While contending so, it is brought to the notice of the Court that the accused persons even left the limits of Bhubaneswar without informing the IO or obtaining permission of the court and that apart, are not cooperating in the investigation, which has substantially suffered. The case diary is produced before the Court in order to satisfy the above contentions and conduct of the accused persons for having violated the conditions imposed while being released on bail.