Trinath Bindhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10555 of 2021 Trinath Bindhani and another ....

Petitioners Mr. S.C. Mohapatra, Advocate -Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 21.01.2022 1.

This matter is taken up through virtual mode. Order No.

01.

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

The petitioners are in custody since 21.09.2021 in connection with Gunupur P.S. Case No. 140 of 2021 corresponding to G.R. Case No. 274 of 2021 pending in the court of learned S.D.J.M., Gunupur for the alleged commission of the offence under Section 25(1-A), 25(8) and 29 of the Arms Act.

4.

The allegation against the petitioners is that they along with some other persons were found to be illegally possessing arms and ammunitions without any authority. In course of raid into the premises a country made pistol and three ammunitions were seized from the possession of the petitioners. Several other fire arms were seized from the possession of other persons.

5.

Having regard to the submissions made, the materials on

record, the period of detention already undergone and the fact that except for the allegation of possession of fire arms, no other specific act has been attributed to the petitioners, I am inclined to allow the prayer for bail.

6.

Let the petitioners be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that they shall appear before the trial court on each date of posting of the case without fail.

7.

The BLAPL is disposed of.

8.

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, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge A.K. Dhal