Kangali Balabantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10556 of 2021 Kangali Balabanta Ray & another ...

Petitioners Mr. Jyotirmaya Sahoo, Advocate - Versus - State of Odisha ...

Opposite Party Mr. S.N.Das, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.01.2022 Order No.

1.

1.

This matter is taken up through virtual mode. 2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioners are in custody since 11.11.2021 in connection with Begunia P.S. Case No. 19 of 2017 corresponding to G.R. Case No. 183 of 2017 pending in the Court of learned SDJM, Khurdha for the alleged commission of offence under Sections 286/304/34 of IPC read with Sections 3 &4 of E.S.Act.

4.

It is seen that the only allegation against the petitioners is that they were managing/supervising the work of the stone quarry leased out to one Girish Barisal, they called the deceased to work in the said quarry, in course of which, there was blasting and a piece of stone struck the chest of the deceased causing fatal injury.

5.

Considering the submissions made, the materials on

record, the period of detention already undergone and the fact that the investigation into the case appears to have progressed substantially, I am inclined to allow the prayer for bail. 6.

Let the petitioners be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that both the petitioners shall appear before I.I.C., Begunia P.S. at 10.30 am on every Monday till submission of the Final Form. 7.

BLAPL is accordingly 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