Bikash Sahoo v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.580 of 2022 Bikash Sahoo and others ....
Appellants Mr. U.R. Jena, Advocate -versusState of Odisha and another ....
Respondents Smt. Susama Rani Sahoo, Addl. Standing Counsel CRLA No.574 of 2022 Meghananda Sahu @ Meghanada ....
Appellant Mr. A. Das, Advocate -versusState of Odisha and another ....
Respondents Smt. Susama Rani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
06.09.2022 03.
Both the matters are taken up through Hybrid arrangement (video conferencing/physical mode). Since both the appeals have arisen out of the
// 2 // same P.S. Case and similar question of law and facts are involved in both the cases, both are heard together and disposed of by this common order on consent of the learned counsel for the parties.
Learned counsel for the State has produced a written instruction dated 21st August, 2022 of the Inspector-in-charge, Manamuda Police Station which indicates that notice on the Respondent No.2Informant is sufficient.
None appears on behalf of the Respondent No.2Informant. Heard learned counsel for the appellants and learned counsel for the State in both the appeals. This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special Case (SC/ST) No.19 of 2022, arising out of Manamunda P.S. Case No.108 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Boudh for offences punishable under sections 143/ 147/ 148/ 294/ 324/ 325/307/354/506/ 149 of the Indian Penal Code read with Section 3(1)(r)(s) of the S.C. & S.T. (PoA) Act. The appellants moved an application for bail before the Court of the Sessions Judge-cum-Special Judge, Boudh which was rejected on 16th July, 2022. Learned counsel for the appellants submits that the appellants are in jail custody since 26th June, 2022,
// 3 // investigation in this case has made substantial progress and there is no criminal antecedent any of the appellants and also there are four injured persons in this case, namely, Mayadhar Bhoi, Rakesh Bhoi, Karmu Sagar and Sadhaba Khamari and they have sustained simple injuries, so also it is a case and counter case and, therefore, the bail application of the appellants may be favourably considered.
After hearing the learned counsel for the State, who placed the injured reports of the injured persons, which show that they have sustained simple injuries on their occipital region and the weapon of offence is iron rod and taking into account the nature of accusation, I am inclined to release the appellants on bail. Let the appellants be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each 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 the learned Court may deem just and proper with further conditions that they 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.
// 4 // Both the CRLAs are accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge DA