N. Ganesh Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5533 OF 2022 N. Ganesh Patra & Others .........

Petitioners Mr. B. K. Nanda, Advocate -versusState of Odisha ............

Opposite Parties Mr. A. Pradhan, ASC Mr. S. Dash, Advocate for Informant

CORAM:

JUSTICE V. NARASINGH

ORDER

29.07.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioners, learned Counsel for the State and learned counsel for the informant. 3.

The petitioners are accused in connection with G.R. Case No.583 of 2022 arising out of Khallikote P.S. Case No.255 of 2022, pending on the file of the learned J.M.F.C., Khallikote for the alleged commission of offence under Sections143/341/294/323/307/326/506/149 of the I.P.C. 4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Khallikote by Order dtd. 07.06.2022 in Bail Application No.112 of 2022, the present BLAPL has been filed.

5.

In terms of the earlier direction issued by this Court, the learned State Counsel places on record, the instruction relating to the health condition of the injured and submitted that after

treatment they have been released and keeping in good health. Learned counsel for the informant states that, D. Siba Patra is continuing his further treatment in Sum Hospital. 6.

Taking into account the instruction of the learned counsel for the State regarding the health condition of the injured and keeping in view the period of custody, this Court directs the petitioners to be released on bail, on such terms and conditions to be fixed by the learned Court in seisin over the matter including the additional stipulation that the petitioners shall appear before the Investigating Officer once every week till submission of Final Form and certification of such appearance shall be submitted to the learned Court in seisin over the matter. The first date of such appearance to be fixed by the learned Court in Seisin over the matter.

6.

It is stated by the learned counsel for the petitioners that the petitioners have no criminal antecedents. 7.

While enlarging them on bail, the learned Court below shall verify such assertions and if it comes to the fore that the petitioners have any criminal antecedents, this Order shall stand recalled without any further reference to this Court. 8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge