Kailash Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.384 of 2022 Kailash Panda ....

Appellant Mr.D.K. Sahoo, Advocate -versus1. State of Odisha

2. Jiban Kumar Mallik ....

Respondents Mr.Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.08.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the State submitted that the notice on the informant in the case, has already been served.

None appears for the informant.

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

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with T.R. Case No.05 of 2022 arising out of Pattamundai P.S. Case No.18 of 2022 pending in the Court of learned Sessions Judge -cumSpecial Judge, Kendrapara for offences punishable under

// 2 // sections 294, 323, 341, 506/34 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act.

The appellant moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, Kendrapara which was rejected on 12.05.2022.

Learned counsel for the appellant submitted that pursuant to the interim bail order of this Court dated 14.07.2022 passed in I.A. No.997 of 2022, the appellant after availing the same, has surrendered before the learned Court below at right time. He files the surrender certificate with a memo in Court today, which is taken on record.

Considering the submissions made by the learned counsel for the appellant that the appellant was taken into judicial custody since 15.01.2022, charge sheet has been submitted under sections 294, 323, 341, 506/34 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act, the conduct of the appellant in complying with the earlier interim bail order of this Court and taking into account the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail. Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as

// 3 // the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

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

( S.K. Sahoo) Judge PKSahoo