Baru @ Balakrushna Mahapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.3822 OF 2020 Baru @ Balakrushna Mahapatra & Three Others ....

Petitioners Mr. S.K. Dwibedi, Advocate -versusState of Odisha & two Others ....

Opposite Parties Mr. D.R. Parida, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

07.03.2022 Order No.

03.

1.

This matter is taken up by video conferencing mode. 2.

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

3.

Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this Court in the case of Pramod Kumar Ray and others Vrs. State of Odisha, reported in (2017) 67 OCR - 309 with the following observations. 4.

The petitioners shall surrender before the learned 1st Addl. Sessions Judge-cum-Judge (POCSO), Bolangir in Kantabanji P.S. Case No.244 of 2019 corresponding to Special G.R. Case No.107 of 2019, within three weeks from today. Seven days before the Petitioners surrender before the said Court, they or their Counsel(s) shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by them, for the purpose of notice to the victims or their dependent.

// 2 // 5.

Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned 1st Addl. Sessions Judge-cum-Judge (POCSO), Bolangir on the same day they surrender in the aforesaid case, pending disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions: -

(1) the Petitioners shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned 1st Addl.

Sessions Judge-cum-Judge (POCSO), Bolangir;

(2) the Petitioners shall not threaten, induce or coerce any witness of this case or the victims or their dependent in any manner whatsoever; and

(3) the Petitioners shall not involve themselves in similar or any other offence during currency of this order.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan