Ajit Kumar Panigrahi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10703 of 2022 Ajit Kumar Panigrahi ....

Petitioner Mr. S.K. Rout, Advocate -versusState of Odisha ....

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

ORDER

23.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in C.T. Case No.90 of 2018, pending in the file of learned Additional Sessions Judge, Koraput, arising out of Koraput Town P.S. Case No.134 of 2018, offence under Sections 364(A)/395 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Koraput by order dated 29.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that because of default in appearance on the date fixed, the petitioner has been taken into custody on 28.06.2022.

7.

It is further submitted by the learned counsel for the petitioner that such non-appearance was due to reasons beyond the control of the present petitioner and not wilful.

8.

Considering the submission of the learned counsel for the petitioner and period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter so as to ensure his presence on each date of trial.

9.

Additionally, it is directed that one of the sureties shall be a local person.

10.

Accordingly, the BLAPL stands disposed of.

11.

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