Rabindra Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 480 of 2022

1. Rabindra Samal

2. Jaladhar Samal ....

Appellants Mr.P. Panigrahi, Advocate -versus1. State of Odisha

2. Sitarani Pattayat ....

Respondents Mr.Manoranjan Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.08.2022 02.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Learned counsel for the State submitted that notice on the informant is sufficient.

None appears on behalf of the informant.

Heard learned counsel for the appellants and learned counsel for the State.

This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. Spl. Case No.36 of 2022 arising out of Bhuban P.S. Case No.206 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Kamakhyanagar for offences punishable under sections 143, 341, 294, 506, 353, 355,

// 2 // 323, 149 of the Indian Penal Code read with sections 3(1)(r)/13(1)(s) of the S.C. & S.T. (PoA) Act. Learned counsel for the appellants submits that the appellants are in judicial custody since 26.05.2022 and the investigation has made substantial progress and in view of the nature of accusation against the appellants, the bail application may be favourably considered. Learned counsel for the State on instruction submitted that appellant no.2 Jaladhar Samal has got nineteen criminal antecedents.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant no.2 and in view of available materials on record and particularly the criminal antecedents against him, I am not inclined to release appellant no.2 on bail.

Accordingly, the prayer for bail of appellant no.2 Jaladhar Samal stands rejected.

So far as appellant no.1 Rabindra Samal is concerned, in absence of any criminal antecedent and the nature of accusation against him and taking into account his period of detention, I am inclined to release him on bail.

Let the appellant no.1 be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as

// 3 // the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo) Judge P