Manoj Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4707 OF 2021 Manoj Kumar Sahu .........

Petitioner Mr. S.S.Ray(2), Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K.Gaya,ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

05.04.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in Berhampur Sadar P.S. Case No. 229 of 2020 corresponding to G.R. Case No.1279 of 2020 on the file of learned S.D.J.M., Berhampur, under Sections 379/420/34 I.P.C. read with Sections 66(C) & 66(D) of the I.T. Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Berhampur by order dated 19.01.2021, the present BLAPL has been filed.

5.

Learned counsel for the Petitioner submits that in view of order dated 2.06.2021 passed by this Court in BLAPL No. 1025 of 2021 relating to co-accused, he is entitled to be released on bail inter alia on the ground of parity.

6.

Learned counsel for the State objects the move stating that the Petitioner is involved in several criminal cases of similar nature.

7.

Taking into account that the Petitioner is in custody since 2.09.2020 and the Charge-sheet has already been filed in the case at hand and taking into account the order passed relating to the coaccused as stated above, this Court directs that the petitioner be released on bail on such terms and conditions to be fixed by the Court in seisin of the matter including that the petitioner shall appear before the I.I.C., Berhampur Sadar P.S. once in each week till conclusion of the trial. First date of such appearance and the subsequent date thereafter be fixed by the learned court in seisin of the matter.

8.

It is made clear that violation of any such conditions shall entail cancellation of bail and the trial court shall decide the question of cancellation of bail in such event. 9.

Accordingly, the BLAPL is disposed of.

10.

Issue urgent certified copy of this order as per rules. ( V.Narasingh ) Judge Dhal