Rabi Shankar Gamanga v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4726 of 2022 Rabi Shankar Gamanga & others ....

Petitioners Mr. Md.Riaz, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Nayak, AGA

CORAM:

JUSTICE V.NARASINGH

ORDER

24.05.2022 01.

1.

This matter is taken up through hybrid mode.

Order No.

2.

Heard learned counsel for the parties.

3.

Perused the case diary.

4.

The petitioners are seeking pre-arrest bail in connection with Gunupur P.S. Case No. 41 of 2022 corresponding to T.R. No. 40 of 2022 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, Dist. Rayagada for commission of offence under Sections 147/341/323/294/506/149 of the I.P.C. read with Section-3(1)(r)(s) and 3(2)(va) of SC/ST(PA) Act.

// 2 // 5.

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, this ABLAPL is disposed of with the following observations.

6.

The petitioners shall surrender before the learned Addl. Sessions Judge-cum-Special Judge, Gunupur, Dist. Rayagada, in T.R. No. 40 of 2022 arising out of Gunupur P.S. Case No. 41 of 2022 within three weeks from today. Seven days before the petitioners surrender before the said Court, petitioners or their counsel 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 him, for the purpose of notice to the victim and his/her dependent.

7.

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 Addl. Sessions Judgecum-Special Judge, Gunupur, Dist. Rayagada, on the same day they surrender in the aforesaid case, pending disposal of the bail application on merit, on such terms and conditions as deemed just and proper, including the following conditions:-

// 3 // i) 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 Special Judge;

ii) the petitioners shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever;

and iii) the petitioners shall not involve themselves in similar or any other offence during currency of this order.

8.

Within two weeks of appearance of the victim and/or informant, the matter shall be considered on its own merits.

9.

The ABLAPL accordingly stands disposed of.

10.

Urgent certified copy of this order be granted as per rules.

V.Narasingh Dhal (Vacation Judge)