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Orissa High CourtBLAPL/719/2022allowed

Jayadev Nayak v. State Of Odisha

2022-09-15Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 719 of 2022 Jayadev Nayak ....

Petitioner Mr. D. Panda, Adv.

- Versus - State of Odisha ....

Opp.Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

9.

2.

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

3.

The petitioner is in custody since 15.12.2021 in connection with Sundargarh Town P.S. Case No.303 of 2021 corresponding to G.R. Case No.1750 of 2021 pending in the Court of learned S.D.J.M., Sundargarh for the alleged commission of offence under Section 394 of IPC read with Section 25 & 27 of Arms Act.

4.

The allegation is that the petitioner committed dacoity in a bank on the point of a gun and took away cash of nearly Rs.10 lakhs. The petitioner was caught immediately after the occurrence. In course of the raid conducted by police, the petitioner was fired upon, for which a bullet struck his thigh, which was operated.

5.

Considering the fact that charge sheet has already been

submitted and the petitioner has been in custody for nearly 10 months, 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 trial Court on each date of posting of the case without fail. Further he shall personally appear before the IIC of Sundargarh Town P.S. on every Sunday at 10 a.m. till conclusion of trial and such fact shall be certified by the IIC to the concerned court once in every month.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana