Dolagobinda Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7148 of 2022 Dolagobinda Mohanta ....

Petitioner Mr. A. Mishra, Advocate -versusState of Orissa ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

17.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

Mr. R.N. Rout has entered appearance on behalf of the injured. The Vakalatnama has taken on record. 4.

The petitioner is accused in Karanjia P.S. Case No.173 of 2022 corresponding to C.T. Case No.281 of 2022, pending in the file of learned S.D.J.M., Karanjia, Mayurbhanj under Section 399/402 of IPC.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Karanjia by order dated 19.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

It is submitted by the learned counsel for the petitioner that this Court had granted pre-arrest bail to the co-accused namely

Laxman Chandra Mohanta by order dated 10.08.2022 in ABLAPL No.8098 of 2022 and it is submitted since investigation has progressed substantially, further continuance of the petitioner in custody is not warranted.

7.

Learned counsel for the State as well as informant on the basis of instruction submit that keeping in view the injuries suffered and the criminal antecedents of the petitioner, he is not entitled to be released on bail and it is further stated that the co-accused release on anticipatory bail is not similarly circumstanced. 8.

Taking into account that there has been case and counter case as noted in the order of rejection and keeping in view the age of the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

With the additional stipulation that one of the sureties shall be immediate family member and he shall appear before the jurisdictional police station once every fifteen days till submission of final form.

10.

Accordingly, the BLAPL stands disposed of.

11.

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