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Orissa High CourtABLAPL/5199/2020disposed off

Tapan Kumar Samal v. State Of Odisha

2022-03-16Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5199 of 2020 Tapan Kumar Samal ....

Petitioner Mr. Arijeet Mishra, Advocate -versusState of Odisha & Another ....

Opposite Party Mr. S.K. Nayak, AGA

CORAM:

MR. JUSTICE D.DASH

ORDER

16.03.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical mode).

2.

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:- 3.

The Petitioner shall surrender before the learned Sessions Judge-cum- Judge, Special Court, Angul in C.T. (Spl.) Case No.19 of 2020 corresponding to Nalco Township P.S. Case No.50 of 2020, within three weeks from today. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special

// 2 // Public Prosecutor, as required by them, for the purpose of notice to the victim or his/her dependent.

4.

Taking into consideration the nature of the offence as alleged against the Petitioner, it is directed that the Petitioner shall be released on interim bail by the learned Sessions Judge-cumJudge, Special Court, Angul on the same day, he surrenders 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 Petitioner 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 Sessions Judgecum- Judge, Special Court, Angul;

(2) the Petitioner shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever; and

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

5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D. Dash) Judge Himansu