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Orissa High CourtBLAPL/11785/2022allowed

Srikanta Das v. State Of Odisha

2022-12-20Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11785 of 2022

1. Sirkanta Das

2. Santosh Maharana ....

Petitioners Mr. J. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under Section 439 of Cr.P.C. in connection with Golanthara P.S. Case No.403 of 2022 corresponding to G.R. Case No.2676 of 2022 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 420/272/273/34 of the Indian Penal Code, section 20 of Cigarette and other Tobacco Product Act and sections 51/52/53/56/57/59/63 of Food Safety and Standards Act.

// 2 // The prayer for bail of the petitioners was rejected by the learned 3rd Additional Sessions Judge, Berhampur vide order dated 22.11.2022.

Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 03.11.2022 and investigation has made substantial progress and on hearing the learned counsel for the State, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such other conditions as the learned Court may deem just and proper with further conditions that the petitioners shall appear before the Inspector incharge of Golanthara police station once in a week on every Sunday in between 10.00 a.m. to 4.00 p.m. for a period of three months and they 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.

A free copy of this order be handed over to the learned counsel for the State on onward transmission

// 3 // to the concerned I.I.C.

Issue urgent certified copy of this order.

( S.K. Sahoo) Judge RKM