Ganesh Pattnaik @ Chiku Pattnaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10963 of 2021 Ganesh Pattnaik @ Chiku Pattnaik ....

Petitioner Mr.Jyotirmaya Sahoo,Advocate -versusState of Odisha ....

Opposite Party Mr.K.K.Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

24.01.2022 1.

1.

This matter is taken up through Video Conferencing mode. 2.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Gosaninuagaon P.S.Case No.109 of 2021, corresponding to G.R.Case No.1493 of 2021, pending in the Court of the learned S.D.J.M., Berhampur for alleged commission of offence under Section 394 of the Indian Penal Code.

3.

Upon consideration of the submissions made by the respective parties as well as on perusal of the records and on consideration of the peculiar facts and circumstances of the case and considering the fact that the offence alleged is triable by magistrate and the fact that petitioner is languishing in jail custody since 02.09.2021, I am inclined to release the Petitioner on bail in the above case, on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand) with one local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter subject to condition that the

// 2 // Petitioner shall not indulge in such type of offence while on bail and shall appear before the concerned Police Station on every fortnight between 10 A.M. and 1 P.M. till conclusion of the trial. Further, it is open to the court in seisin over the matter to impose any additional condition (s), if situation so warrants.

4.

The BLAPL is accordingly disposed of.

5.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out 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 Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

RKS ( A.K. Mohapatra ) Judge