Akshaya Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPCRL No.139 of 2022 Akhaya Sahoo ......... Petitioner Mr. M. K. Chand, Adv.

-Versus- State of Orissa & ors ...... Opp. Parties Ms. S. Pattnaik, AGA

CORAM:

JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO

ORDER

31.10.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard Mr. M.K. Chand, learned counsel appearing for the petitioner and also heard Ms. S. Pattnaik, learned Addl. Government Advocate appearing for the State.

3.

It has been alleged in this writ petition that for the so-called lawyers strike which commenced since 21.10.2022, the bail bond for release of the petitioner could not be furnished for acceptance by the NGN-cum-JMFC, Tangi.

4.

On scrutiny of the records, it appears that one bail order is concerned with the present writ petition. The order dated 28.10.2022 delivered in G.R. Case No.566 of 2022, corresponding to Tangi P.S.

Case No.596 of 2022 which is pending in the Court of learned NGNcum-JMFC, Tangi. The said order is concerned with one accused person namely, Akhaya Sahoo whose details are available in the order itself. By the said order dated 28.10.2022, certain conditions have been imposed for granting the bail.

5.

Mr. Chand, learned counsel has informed us that till today the said boycott is continuing. As a result it has become impossible to go and furnish the bail bond for purpose of release of the petitioner. 6.

Ms. S. Pattnaik, learned Addl. Government Advocate has submitted that such situation is unprecedented. Be that as it may, the liberty of the person who has been granted bail cannot be truncated in this fashion. In the circumstances, we are of the considered view that the Chief Judicial Magistrate, Khordha, by the authority of this order, shall examine and accept the bail bond that will be submitted by the accused person as named above, in terms of the said order as referred above and on acceptance, he will straightway direct the jail authority to release the accused person.

7.

This writ petition stands allowed, in terms of the above and disposed of.

8.

A copy of this order be supplied forthwith to Mr. Chand, learned counsel for the petitioner.

9.

Registry is directed to send one copy of this order forthwith to the Court of Chief Judicial Magistrate, Khordha for compliance by email.

10.

A free copy of this order be supplied to Mr. M.K. Chand, learned counsel for the petitioner in course of the day. (S. Talapatra) Judge (Savitri Ratho) Judge Rati Ranjan