Sonu Madkami v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8147 of 2019 Sonu Madkami ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

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

ORDER

06.04.2022 Order No.

05.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. J.K. Panda, learned counsel for the petitioner and Mr. D. Mund, learned Additional Government Advocate for the State.

3.

The petitioner is an accused in G.R. Case No.210 of 2018, on the files of learned S.D.J.M., Malkangiri, arising out of Mathili P.S.

Case No.48 of 2018, under Sections 147/148/302/120-B/149 of IPC read with Sections 18/20/22 UPA Act and Sections 25 of Arm Act and is in custody since 10.02.2019.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Court of Sessions Judge, Malkangiri, by order dated 05.09.2019 in the aforementioned case, the present BLAPL has been filed.

5.

Placing reliance on the orders passed by this Court dated 23.08.2021 in respect of BLAPL No.1380 of 2021, BLAPL No.10725 of 2021 and BLAPL No.6471 of 2020 it is prayed that

since the petitioner is similarly circumstanced he is to enlarge on bail.

6.

On perusal of materials on records it is seen from the statement relied upon by one Irma Kuasi, specific overt act has been attributed to the petitioner.

7.

On perusal of the orders relied upon by the learned counsel for the petitioner it is seen that this Court while considering the bail application of Masa Madkami and Samu Dura in BLAPL No.4131 of 2021 rejected their bail application. 8.

This Court on consideration of the materials on record and considering the submissions of the learned counsels is of the firm opinion that the petitioner is similarly circumstanced with Masa Madkami and Samu Dura whose application for bail was rejected and accordingly the this Court is not inclined to grant bail. It is open to the petitioner to renew his prayer for bail at a later stage if so advised.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge Santoshi