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Orissa High CourtBLAPL/9792/2021allowed

Landa @ Sangram Pal @ Ashok Behera v. State Of Odisha

2022-01-18Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9792 of 2021 Landa @ Sangram Pal @ Ashok Behera ....

Petitioner Mr. Tanmaya Kumar Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Mohanty, Addl. Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

18.01.2022 Order No.

01.

1.

The matter is taken up through video conferencing mode. 2.

Heard Mr. T.K. Mohanty, learned counsel for the Petitioner and Mr. P.K. Mohanty, learned Additional Standing Counsel. 3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Landa @ Sangram Pal @ Ashok Behera in connection with Jatani P.S. Case No.167 of 2021 corresponding to G.R. Case No.182 of 2021 pending in the court of learned J.M.F.C., Jatani in the district of Khurda for alleged commission of offence under Sections 341/326/307/323/506/120-B/34 of the Indian Penal Code read with Section 25/27 of Arms Act.

4.

It is submitted that the Petitioner is inside custody since 23rd September, 2021 and in the meantime investigation being completed charge-sheet has been submitted. It is further submitted that one of the co-accused, namely Sk. Imran has been released on bail by this Court.

5.

Mr. Mohanty, learned Additional Standing Counsel submits that this Petitioner has five numbers of criminal antecedents. 6.

However considering the period of detention of the Petitioner inside custody and the fact of completion of investigation as well as release of another co-accused on bail, it is directed to release the present Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not be involved in any other offence while on bail and shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence and shall appear before the I.I.C. Jatani P.S. once in each week till completion of trial.

7.

It is made clear that violation of any such conditions fixed by this Court or by the Court below shall entail cancellation of bail and the trial court shall be competent to decide the question of cancellation of bail in the event such occasion arises. 8.

The BLAPL is accordingly disposed of.

9.

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, in the manner prescribed vide Court's Notice No.514 dated 7th January, 2022.

( B.P. Routray) Judge M.K.Panda