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Orissa High CourtABLAPL/16215/2022disposed off

Aswini Kumar Jena v. State Of Odisha

2022-12-23Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16215 of 2022 Aswini Kumar Jena & Others ....

Petitioners Mr. G. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

23.12.2022 01.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical mode).

2.

Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this court in the case of Pramod Kumar Ray and others Vrs. State of Odisha, reported in (2017) 67 OCR - 309 with the following observations:- 3.

The Petitioners shall surrender before the learned Special Judge-cum-Additional Sessions Judge, Koraput in T.R. Case No.164 of 2022 corresponding to Nandpur P.S. Case No.143 of 2022, within three weeks from today. Seven days before the Petitioners surrender before the said Court, they or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special

// 2 // Public Prosecutor, as required by them, for the purpose of notice to the victim or his/her dependent.

4.

Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned Special Judgecum-Additional Sessions Judge, Koraput on the same day, they surrender in the aforesaid case, pending disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions: -

(1) the Petitioners shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Judge-cum-Additional Sessions Judge, Koraput;

(2) the Petitioners shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever;

and

(3) the Petitioners shall not involve themselves in similar or any other offence during currency of this order.

5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D. Dash) Judge Himansu