Manu@ Kishore Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2194 of 2022 Manu @ Kishore Kumar Jena ....

Petitioner Mr. Ramani Kanta Pattanaik, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

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

3.

The petitioner is in custody since 12.02.2022 in connection with Motonga P.S. Case No.5 of 2022 corresponding to G.R. Case No.29 of 2022 pending in the Court of learned S.D.J.M., Dhenkanal for the alleged commission of offence under Sections 420/407/468/471/201/120-B/34 of IPC.

4.

The prosecution story is that the driver and helper of the truck in question took a load full of scrap materials for delivery at Jamsedpur but did not reach the destination. Subsequently, the truck was recovered at Panposh while it was loaded with coal. In so far as the present petitioner is concerned, he is neither the driver nor the helper but he is said to have been given a lift by the driver of the truck.

5.

Considering the above facts, materials on record, the period of detention in custody and the fact that final PR has been submitted, as submitted by learned State Counsel, 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 failing which necessary orders may be passed to take him to custody again by the Court below. Further he shall appear before the IIC of Motonga Police Station on every Monday at 10 a.m. till submission of final form.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana