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Orissa High CourtABLAPL/3518/2020disposed off

Hemanta Kumar Majhi v. State Of Odisha

2022-03-04Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.3518 OF 2020 Hemanta Kumar Majhi ....

Petitioner Mr.S.N. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr.D.R. Parida, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

04.03.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

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

3.

Learned counsel for the Petitioners does not want to press this application in respect of Petitioner No.1 (Hemanta Kumar Majhi).

In view of the above, the ABLAPL in respect of Petitioner No.1 stands dismissed as not pressed and the interim order dated 1.5.2020 does no more survive.

Considering the submissions and on going through the materials as placed; further keeping in view the surrounding circumstances of the case as also concerning the Petitioner No.2; it is directed that in the event he surrenders before the court in seisin of the case in connection with Kalimela P.S. Case No.131 of 2019 corresponding to G.R. Case No.279 of 2019 pending in the court of the learned J.M.F.C., Motu within three weeks hence and moves for her release on bail, he shall be

// 2 // released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with the further condition that the Petitioner No.2, without prejudice to his defence, would deposit a sum of Rs.2,00,000/- (Rupees two lakhs) before the said Court, which shall be kept under long term fixed deposit in any Nationalized Bank and would be renewed from time to time as the Court deems proper; whose disbursement/release shall be subject to the final order as would be passed at the conclusion of the trial.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Basu