ABHAYA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a successive application under Sec. 439 of Cr.P.C. filed by the petitioner in connection with Jharigaon P.S. Case No.194 of 2023 corresponding to G.R. Case No.189 of 2023, pending in the file of the learned J.M.F.C., Jharigaon where charge sheet dtd. 8/11/2023 has been submitted against the petitioner and other co-accused persons for commission of offences under Ss. 457,380, 411/34 of IPC.

(2.) BLAPL No.10850 of 2023 filed by the petitioner earlier had been allowed subject to verification of his criminal antecedents. As he has one criminal antecedent, the learned Magistrate did not release him on bail. Thereafter his prayer for bail had been rejected by order dtd. 20/11/2023 passed by the learned Addl. District and Sessions Judge, Umerkote in B.A.No.125 of 2023. The learned court below has refused to release the petitioner on bail on the ground that he has one criminal antecedent and the petitioner and other accused persons have been utilizing the services of juveniles for commission of the crime so that it would be easier for them to be released on bail. The learned Court below has also observed that four ceiling fans stolen from the newly constructed hostel of Higher Secondary School, Jharsuguda has been recovered from the possession of the petitioner.

(3.) No fault can be found in the order of the learned Addl. District and Sessions Judge, Umerkote confirming the order of the learned Magistrate who refused to release the petitioner on bail as he was found to have one criminal antecedent, i.e., Jharigaon P.S. Case No.207 of 2022 under Ss. 341, 294, 323, 427, 506, 34 of IPC in view of the order passed in BLAPL No.10850 of 2023.