Kanha@ Saroj Kumar Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9313 of 2021 Kanha@ Saroj Kumar Malik ....

Petitioner Mr. Dharmendra Sethy, Advocate -Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 03.02.2022 1.

This matter is taken up through virtual mode. Order No.

2.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 02.08.2021 in connection with Khantapada P.S. Case No. 178 of 2021 corresponding to C.T. Case No. 549 of 2021 pending in the court of learned J.M.F.C.(R), Balasore for the alleged commission of offence under Sections 395 and 397 of IPC.

4.

Considering the submissions made, the materials on record, the period of detention already undergone and the fact that the charge sheet has already been submitted in the case as also the fact that similarly placed co-accused persons, Saumya Ranjan Barik and Babu@Pravakar Mallik have been granted bail by this Court in BLAPL Nos. 7645 and 7913 of 2021 respectively, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on

such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.

5.

The BLAPL is accordingly disposed of.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu