Jaga @ Basudev Bhatta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3177 of 2022 Jaga@Basudev Bhatta ....

Petitioner Mr. S.K. Dash, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

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

3.

The petitioner is in custody in connection with Puri Town P.S. Case No. 03 of 2017 corresponding to S.T. Case No. 11/33-19-18 pending in the Court of learned 3rd Additional Sessions Judge, Puri for the alleged commission of offence under Sections 302/324/307/34 of IPC.

4.

Taking into account the submissions made by learned counsel for the petitioner the fact that trial which is in progress is unable to be concluded because of non-cooperation by the informant as also the fact that seven out of nine accused persons have already been released on bail as per orders passed by this Court in different bail applications such as BLAPL Nos. 6548 and 3718 of 2017, I do not

find any justified reason to detain the petitioner in custody any longer. As such, 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 and in case of even a single default, NBW shall be issued by the court below to take him to custody again.

5.

The BLAPL is accordingly disposed of.

6.

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

(Sashikanta Mishra) Judge BC Tudu