Jama @ Jamsed Saha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2030 of 2022 Jama @ Jamsed Saha ....

Petitioner Mr. A.K.Paul Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.5.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 17th September, 2019 in connection with Tangi P.S. Case No.249/2019 corresponding to S.T. Case No.115 of 2020 pending in the court of learned C.J.M., Khurda for the alleged commission of the offence under Sections 186/353/307/294/506 of the I.P.C. read with Sections 25/27 (1-B)(a) of Arms Act and Sections 4/5 of E.S. Act.

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4. It is alleged that the Petitioner is a hardened criminal and was preparing to commit a crime by arranging arms and bombs in a jungle. On getting information, the Police conducted a raid in course of which the Petitioner while trying to escape, hurled a bomb at the police personnel causing certain bodily injuries. He was also fired upon one of the Police staff in his leg.

5. Considering the submissions as above, the materials on record and in particular the long period of detention of the Petitioner in custody without trial, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case and in case of even a single default, the court shall issue N.B.W. against him to take him to custody again, he shall appear before the I.I.C. of Tangi P.S. on every Monday at 10 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the concerned court once every month.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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