Damodar Kadraka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10557 of 2021 Damodar Kadraka ....

Petitioner Mr.A.K. Parida, Advocate -versusState of Odisha .... Opp.Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

14.10.2022 07.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned Addl. Standing counsel for the State. This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Bandhugaon P.S. Case No. 12 of 2020 corresponding to C.T. Case No. 30 of 20221 pending in the Court of learned Addl. Sessions Judge, Koraput for alleged commission of offences under sections 147, 148, 302, 201/149 of the Indian Penal Code.

The petitioner moved an application for bail before

// 2 // the Court of learned Addl. Sessions Judge, Koraput, which was rejected on 11.1.2021.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 04.02.2020 and his earlier bail application in BLAPL No. 4006 of 2020 was rejected as per order dated 09.02.2021 and liberty was granted to the petitioner to renew his prayer for bail after examination of the eye witness Lasu Uluka and other material witnesses in the learned trial Court. He further submitted that till date, there is no progress in the trial court and since the petitioner is a local man and there is no chance of absconding, the petitioner may be granted interim bail for some time.

Learned counsel for the State has no serious objection to such prayer.

Status report dated 27.07.2022 of the learned trial Court indicates that till date, no charge has been framed. Considering the submissions made by the learned counsel for the respective parties, the progress of trial so far and the period of detention of the petitioner in judicial custody, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months

// 3 // period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing 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 terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo