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Orissa High CourtBLAPL/11391/2022allowed

Silu @ Sanjay Swain v. State Of Odisha

2022-12-19Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11391 of 2022 Silu @ Sanjay Swain ....

Petitioner Mr.Panchanan Panigrahi, Advocate -versusState of Odisha .... Opp.Party Mr.Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application for bail under section 439 of Cr.P.C. in connection with Tumusinga P.S. Case No.103 of 2022 corresponding to G.R. Case No. 308 of 2022 pending in the file of learned S.D.J.M., Kamakhyanagar for alleged commission of offences under section 394 of the Indian Penal Code. The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Kamakhyanagar vide order dated 01.11.2022.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 28.10.2022, charge sheet has been submitted under section 394

// 2 // of the Indian Penal Code, which are triable by Magistrate and on hearing the learned counsel for the State, who submitted that the petitioner has got two criminal antecedents, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulged in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo