Amus Munda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5653 of 2022 Amus Munda and others ....

Petitioners Mr. D.K.Sahu Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.7.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3. The Petitioners are in custody since 1st March, 2022 in connection with Rengali P.S. Case No.35/2022 corresponding to C.T. Case No.518/2022 pending in the court of learned S.D.J.M., Jharsuguda for the alleged commission of the offence under Section 395 of I.P.C.

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4. The allegation is that some DI-200(K9) pipes belong to the factory of the informant were stolen. The Petitioner Nos.1 to 3 are resident of Sambalpur and Petitioner No.4 is resident of Chhatisgarh. There were implicated in the case on the statement of the co-accused to the effect that the alleged occurrence take place at their instance. There is no other material to show their complicity in the occurrence.

5. Having regard to the above facts, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioners be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the conditions that insisting upon two sureties, one should belong to the district of Jharsuguda and they shall make themselves available as and when required by the I.O., failing which it would be open for the prosecution to seek cancellation of their bail. Further, Petitioner No.4 shall furnish cash security of Rs.20,000/-(Rupees Twenty Thousand) in the shape of short term fixed deposit in any Nationalised Bank being pledged to the court below. He shall not leave the territorial jurisdiction of the Court without obtaining leave. The court below shall insist upon two sureties for such amount as may be deem fit and proper. Out of whom one must be his close relation and the other must be in the district of Jharsuguda.

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6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge