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Orissa High CourtBLAPL/180/2022disposed off

Lachhaman Honhoga v. State Of Odisha

2022-02-01Mr. Justice D.Dash3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.180 OF 2022 Lachhaman Honhoga ....

Petitioner Mr. Suryakanta Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

1.2.2022 01.

1.

This matter is taken up by video conferencing mode. Order No.

2.

The Petitioner being in custody in connection with Joda P.S. Case No.110 of 2020 corresponding to G.R. Case No.333 of 2020 on the file of learned J.M.F.C., Barbil running for commission of offence under sections 395 of the IPC read with section 25(1-B)(a) of the Arms Act, has filed this application under section 439 of the Cr.P.C. for his release on bail. 3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records with other surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. District & Sessions Judge, in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed

// 2 // just and proper by the court in seisin of the case with further conditions that:-

1. he will not indulge himself in commission of similar type of offences;

2. will appear before the Inspector-in-Charge of Tonto Police Station in the District of West Singhbhum, State of Jharkhand every fortnight between 10.00 am to 2.00 pm for a period of six months; and

3. shall appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial except under some exceptional circumstance to the satisfaction of the court.

Violation of any of the condition(s) shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of.

6.

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 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (D.Dash) Judge

// 3 // Himansu