Manmohan Pani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.808 of 2022 Manmohan Pani ....

Appellant Mr. S.K. Pattnaik, Advocate -versusState of Odisha & another ....

Respondents Mr. Arupananda Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

17.10.2022 02.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Mr.

A,nola Prasad Ray, learned counsel enters appearance on behalf of the victim, who is the informant in the case and files Vakalatnama in Court today, which is taken on record.

Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the informant. This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special Case No.36 of 2022 arising out of Kanjipani P.S. Case No.54 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, Keonjhar for offences punishable under sections 376(2) of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act.

// 2 // The appellant moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, Keonjhar, which was rejected on 25.08.2022.

Considering the submissions made by the learned counsel for the appellant that the appellant is in judicial custody since 20.05.2022 and charge sheet has already been submitted under sections 376(2) of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act and after going through the 164 Cr.P.C. statement of the victim who is aged about twenty two years placed by the learned counsel for the State and the submission of the learned counsel for the informant that the informant has already got married at another place and she is not interested to proceed against the appellant, I am inclined to release the appellant on bail.

Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) 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.

The CRLA is accordingly disposed of.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo) Judge PKSahoo