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Orissa High CourtCRLA/39/2022allowed

Khirod Barik v. State Of Odisha

2022-09-05Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.39 of 2022 Khirod Barik ....

Appellant/ Petitioner Mr. D.J. Sahoo, Advocate -versusState of Odisha ....

Respondent/ Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.09.2022 03.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Learned counsel for the appellant files the surrender certificate of the appellant in Court today, which is taken on record.

Heard learned counsel for the appellant and learned counsel for the State so also learned counsel for the respondent no.2.

This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with T.R. Case No.96 of 2021 arising out of Derabish P.S. Case No.151 of 2021 pending in the Court of learned

// 2 // Special Judge, Kendrapara for offences punishable under sections 498-A, 294, 323, 315, 506 of the Indian Penal Code read with section 4 of the D.P. Act and section 3(2)(r)(s)/2(va) of the S.C. & S.T. (PoA) Act.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 06.10.2021 and he has been charge sheeted under sections 498-A, 294, 323, 315, 506 of the Indian Penal Code read with section 4 of the D.P. Act and section 3(2)(r)(s)/2(va) of the S.C. & S.T. (PoA) Act and the case arises out of matrimonial dispute between the parties and the appellant has filed a petition for restitution of conjugal rights before the learned Judge, Family Court, Kendrapara and and the conduct of the appellant in complying with the earlier interim bail order passed by this Court, I am inclined to release the appellant on bail.

Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

The CRLA is accordingly disposed of.

// 3 // Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Judge P