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Judgment
M.S.Sahoo, J
The petition under Section 439 of Cr.P.C. has been filed by the petitioner, who is in jail custody in connection with Tirtol P.S. Case No.63 of 2024 corresponding to G.R. Case No.90 of 2024 pending in the court of learned J.M.F.C., Tirtol for alleged commission of offences under Sections 417/419/420/465/468/120-B/506/34 of the I.P.C.
Learned counsel for the petitioner, Dr. Kanungo submits is it there in the Constitution of India that the investigating agency picks up someone and puts him behind bar. In considered opinion of this Court, putting such questions to the Court is beyond the scope of deliberation as required for consideration of the prayer for bail in the present petition.
It is further submitted that the petitioner is innocent and in the meanwhile charge-sheet has been submitted.
It is submitted by the learned counsel for the petitioner that the petitioner has been granted bail in BLAPL No.1476 of 2024 while in custody in connection with G.R.Case No.65 of 2024 arising out of Tirtol P.S.Case No.45 of 2024 pending in the court of learned J.M.F.C., Tirtol.
In the rejection order, i.e., BLAPL No.158 of 2024 at paragraph-5, page-26 of the brief it is indicated that the petitioner is alleged to be involved in Tirtol P.S.Case No.45 of 2024 under Sections 417/419/420/465/468/ 120-B/34 of the I.P.C. and Balikuda P.S.Case No.416 of 2023 under Sections 294/323/420/506 of the I.P.C.
It has also been noted by the learned Additional Sessions Judge, Jagatsinghpur referring to the above F.I.Rs that the petitioner has past allegations of criminal activity of similar nature against him.
Apparently, at present there are three cases against the petitioner out of which a co-ordinate Bench of this Court has granted him bail by order dated 13.05.2024 in BLAPL No.1476 of 2024 as indicated above. Copy of the said order dated 13.05.2024 is kept on record.
Learned Additional Standing Counsel for the State in response to the prayer for bail seeks accommodation to obtain up-to-date instruction/ case diary/status of investigation as well as past allegations of criminal proclivity against the petitioner, apart from the above cases.
List this matter in the week commencing 24.06.2024 before the assigned Bench/moved by the petitioner.
Learned Additional Standing Counsel for the State shall obtain up-to-date instruction/case diary/status of investigation as well as past allegations of criminal proclivity against the petitioner in the meantime.
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