Sandeep Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 56 of 2022 Sandeep Das ...

Petitioner Mr. D.J. Sahoo, Advocate - Versus - State of Odisha ...

Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

31.01.2022 Order No.

1.

1.

This matter is taken up through virtual mode. 2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 21.11.2021 in connection with Brajarajnagar P.S. Case No.321 of 2021 corresponding to C.T. Case No.2566 of 2021 pending in the Court of learned S.D.J.M., Jharsuguda for the alleged commission of offence under Sections 341/323/324/294/506/307/34 of IPC.

4.

The allegation is that the petitioner assaulted the informant by means of a knife with an intention to kill him. 5.

Learned counsel for the petitioner submits that the occurrence arose entirely out of a sudden quarrel and in any case there was never any intention on the part of the petitioner to kill the informant which would be evident from the site of the injury allegedly sustained by him.

6.

Learned Addl. Standing Counsel on the other hand has submitted that the injury sustained by the petitioner is grievous

in nature and in any case investigation is going on. 7.

Considering the rival submissions, materials on record, the period of detention already undergone as also the site of the injuries, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the IIC, Brajarajnagar P.S. on every Monday at 10.30 A.M. till submission of final form.

8.

BLAPL is accordingly disposed of.

9.

As the restrictions due to resurgence of Covid-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587, dated 25th March, 2020, modified by Notice No. 4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022. (Sashikanta Mishra) A.K. Rana Judge