Rama Sodi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9219 OF 2020 Rama Sodi .........

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

Opposite Party MrD.Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

02.05.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

Sri Nitesh Wadhwani, IPS, Superintendent of Police, Malkangiri joined virtually and Sri Rigan Kindo, I.I.C., Malkangiri Police Station is also present in Court. Sri Wadhwani, Superintendent of Police, Malkangiri has assured that he will take steps to ensure that the communication from the office of the Advocate General are responded to within the time stipulated.

This Court hopes that the assurance given by the Superintendent of Police is adhered to in letter and spirit. 3.

Heard Mr. J.K.Panda, learned counsel for the petitioner and Ms. S.Mishra, learned Additional Standing Counsel for the State.

4.

The Petitioner is an accused in connection with G.R. Case No.554 of 2020 arising out of Malkangiri P.S. Case No. 281

of 2020 on the file of learned S.D.J.M., Malkangiri, registered for the alleged commission of offence under Section 302 of the I.P.C. 5.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Sessions Judge, Malkangiri, by order dated 24.09.2020, the present BLAPL has been filed. 6.

Perused the statement of one Rama Madkami, the post occurrence witness and the statement recorded under Section 27 of the Evidence Act, leading to discovery.

7.

The petitioner is stated to be in custody since 9.08.2020 and it is stated by the learned counsel for the petitioner that trial has not commenced.

8.

Taking into account the materials on record and the back ground and the manner in which the alleged offence has been committed, this Court directs the Petitioner shall be released on bail on such terms to be fixed by the learned court in seisin over the matter so as to ensure that the petitioner shall attend each date of trial 09.

Accordingly, the BLAPL stands disposed of.

10.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal