Jagayanswar Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6546 of 2021 Jagayanswar Samal ....

Petitioner Mr.A.K. Ray, Advocate -versusState of Odisha ....

Opposite Parties Mr. S. Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

18.07.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

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

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 petitioner shall surrender before the learned Special Judge-cum-P.O., S.C. & S.T. (P.A.) Act, Jajpur in C.T. (Spl.) Case No.26 of 2021 corresponding to Balichandrapur P.S. Case No.73 of 2021 within 15 (fifteen) days from today. Seven

// 2 // 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 Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her dependent. 5.

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 Special Judgecum-P.O., S.C. & S.T. (P.A.) Act, Jajpur 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 in person 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-cum-P.O., S.C. & S.T. (P.A.) Act;

(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. 6.

The aforesaid order shall not be effective, if the injuries sustained by the victim/victims are near fatal and the victim/victims are still in bad shape. But, if the injuries are otherwise lesser and the victim/victims is/are hale and hearty,

// 3 // this observation shall not be effective and the petitioner can be granted interim bail.

7.

Issue urgent certified copy as per rules.

(D.Dash) Judge Himansu