Prasanta Padhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9425 of 2022 Prasanta Padhan & another ....

Petitioners Mr. N. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

15.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioners are accused in G.R. Case No.3103 of 2022 pending on the file of learned S.D.J.M., Sambalpur, arising out of Sason P.S. Case No.188 of 2022, for commission of offence under Sections 306/420/34 IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Addl. Sessions Judge, Sambalpur by order dated 16.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is borne out from the record that when the deceased asked for payment of the outstanding amount the present Petitioners harassed the deceased and threatened him to lodge a false case

against him. Not being able to withstand such pressure the deceased committed suicide.

6.

It is submitted by the learned counsel for the Petitioners that since the Petitioners are in custody since 03.08.2022, their further continuance in custody is not warranted. He further submits that the similarly circumstanced co-accused have been released on by order dated 23.09.2022 in BLAPL No.8782 of 2022. 7.

Learned counsel for the State opposes the prayer for bail. 8.

Taking into account the period of custody and the release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

9.

Additionally it is directed that the Petitioners shall appear before the I.O. once a week between 11 A.M. and 1 P.M. First date of such appearance to be fixed by the learned Court in seisin over the matter.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge PKS