Sukanta Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2725 of 2022 Sukanta Behera and another ....

Petitioners Mr. Prakash Kumar Dalai, Advocate -VersusState of Orissa ....

Opposite Party Mr. P.K. Rout, AGA, OP No.1

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

29.09.2022 Order No.

01.

1.

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

2.

Learned counsel for the petitioners submits that petitioner No.1 was granted bail subject to surrender before the learned S.D.J.M., Bhubaneswar in connection with C.T. Case No.1457 of 2017, whereas, petitioner No.2 was allowed to surrender and move regular bail before the courts below during the first and second hours of the day claiming parity.

3.

The above orders were passed by this Court in the year 2017, however, it is submitted by the learned counsel for the petitioners that the petitioners could not avail of such opportunity. 4.

Considering the above and the fact that the case is pending since 2017, the Court is of the view that the petitioners should be directed to surrender and go on bail subject to conditions. It is

submitted that petitioners do not have any criminal antecedents which shall be verified by the learned court below while releasing them on bail. In the event, the petitioners surrender before the learned S.D.J.M., Bhubaneswar on or before 20th October, 2022 and moves for bail in C.T. Case No.1457 of 2017 arising out of Kharvelanagar P.S. Case No.94 of 2017, the court below shall release them on bail subject to conditions and confirmation that both the petitioners have no criminal antecedents of similar nature. 5.

With the above directions, the CRLMC stands disposed of. 6.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge U.K.Sahoo