Sunil Hans v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10756 of 2022 Sunil Hans and another ....

Petitioners Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

24.11.2022 Order No.

01.

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 2(b) CC Case No.11 of 2022, pending in the file of learned J.M.F.C., Kantamal, arising out of Kantamal Forest Range OR No.160 K of 2022-23, for commission of alleged offences under Sections 21 of O.T. & O.F.P.T. Rule 1980 and under Section 56 of O.F.A 1972. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kantamal by order dated 27.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the nature of allegations and period of custody since 09.10.2022, 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.

6.

Additionally, it is directed that the petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form.

7.

While enlarging the petitioners on bail, the learned court below shall verify assertion regarding criminal proclivity. If it comes to the fore that the petitioners have any criminal antecedents of similar nature, this order shall stand recalled without any further reference to this Court.

8.

Accordingly, the BLAPL stands disposed of.

9.

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