Amiya Kumar Padhy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7872 of 2022 Amiya Kumar Padhy ....

Petitioner Mr. S.G.Das Advocate -versusState of Odisha ....

Opposite Party Mr.A.K.Naik, Addl. Standing Counsel (OPID)

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

23.9.2022.

Order No.

07.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 21st November, 2019 in connection with Baidyanathapur P.S. Case No.263/2019 corresponding to G.R. Case No.15/2019 pending in the court of learned OPID Court, Berhampur for the alleged commission of the offence under Sections 120-B/467/468/471/406/420 of I.P.C. read wit Sections 4/5/6/ of the PCMCS (Banning) Act.

4. Considering the nature of accusations and the fact that trial is in progress and some witnesses remain to be examined, I am

// 2 // not inclined to allow the prayer for regular bail. However, taking into consideration the fact that the Petitioner has been in custody for nearly three years and trial does appear to be concluded in the near future, the BLAPL is disposed of with direction to the learned court below to release the Petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter including the condition that he shall not misuse the liberty granted to him.

5. After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

6. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge