M.Danda Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7778 of 2020 M. Danda Patra ....

Petitioner Mr. Milan Kanungo, Senior Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.04.2022 08.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard Mr. Milan Kanungo, learned Senior Advocate appearing for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with S.T. Case No.32 of 2018 arising out of Berhampur Sadar P.S. Case No.194 of 2017 pending in the Court of learned 1st Addl. Sessions Judge, Berhampur for commission of offences under sections 147, 148, 452, 302, 506, 149 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected

// 2 // by the learned 1st Addl. Sessions Judge, Berhampur vide order dated 04.01.2020.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.09.2017. As per the order dated 17.03.2022, the learned trial Court has submitted the status report wherein it is mentioned that the total number of charge sheet witnesses are twenty five, out of which the prosecution has declined to examine three witnesses, seventeen witnesses have already been examined and the prosecution intends to examine five witnesses. Considering the status of the case, the delay in disposal and the period of detention of the petitioner in judicial custody and after hearing the learned counsel for the State, I direct that the petitioner be released on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing 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 terms and conditions as the learned Court may deem just and proper including the conditions that while on interim

// 3 // bail, the petitioner shall not try to tamper with the evidence or 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 interim bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo) Judge P