Palu Khara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5956 of 2021 Palu Khara ....

Petitioner Mr. S. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr. D. Mund, AGA CORAM: JUSTICE V. NARASINGH

ORDER

20.04.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in G.R. Case No.614(A) of 2004, corresponding to C.T. Case No.34 of 2021, on the files of learned Additional District and Sessions Judge, Koraput, arising out of Padwa P.S. Case No.49 of 2004, under Sections 147/148 /294/506/ 427/307/302/149 of IPC, and is in custody since 14.03.2021. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge, Koraput, by order dated 28.05.2021 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the judgment of acquittal passed in respect of the co-accused by the learned Additional Sessions Judge,

Jeypore dated 19.08.2006 in Criminal Trial No.06 of 2005, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 6.

Additionally, it is directed that the petitioner shall appear in the jurisdictional Police Station of the learned trial Court once every ten days.

7.

Violation of condition of such appearance shall entail cancellation of bail by the learned Court in seisin over the matter after following the due process of law without any further reference of this Court.

8.

The present BLAPL is disposed of accordingly. 9.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi