Jagabandhu Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4626 OF 2021 Jagabandhu Maharana .........

Petitioner Mr. S. Mohanty, Advocate -versusState of Odisha & Another ............

Opposite Parties Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

11.05.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with G.R. Case No. 296 of 2019 corresponding to Ranpur P.S. Case No. 214 of 2019, pending on the file of the learned J.M.F.C., Ranpur for the alleged commission of offence under Sections-399/402 of the IPC, read with Section-25/27 of Arms Act, and the petitioner is in custody since 13.09.2020.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge, Nayagarh by Order dtd. 20.05.2021 in Bail Application No. 205 of 2021, the present BLAPL has been filed.

4.

Heard Mr. S.Mohanty, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional standing Counsel for the State.

5.

Learned counsel for the petitioner refers to the order passed by this Court dtd.04.02.2020 in BLAPL No. 441 of 2020 of the co-accused and seeks release inter alia on the ground of parity.

6.

Learned counsel for the State submits that the petitioner is a history sheerer as noted in the order of rejection and hence she is not entitled to be released on bail.

7.

Taking into account the bail granted to the co-accused, this Court directs the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter, including that the petitioner shall appear in person before the jurisdictional Police Station of the Court in seisin over the matter, once in every week till conclusion of the trial. 8.

Violation of the conditions relating to appearance before the Police Station shall entail cancellation without any further reference to this Court.

9.

The first date of appearance to be fixed by the learned Court in seisin over the matter.

10.

The Bail Application thus stands disposed of. 11.

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