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Orissa High CourtBLAPL/12639/2022allowed

Sunil Harijan v. State Of Odisha

2022-12-23Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12639 of 2022 Sunil Harijan ....

Petitioner Mr.Arijeet Mishra, Advocate -versusState of Odisha .... Opp. Party Mr.P.K. Mohanty Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.12.2022 01.

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

This is an application for bail under section 439 of Cr.P.C. in connection with Kotpad P.S. Case No. 140 of 2022 corresponding to G.R. Case No. 135 of 2022 pending in the file of learned J.M.F.C., Kotpad for alleged commission of offences under sections 417/420/34 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Koraput, Jeypore vide order dated 07.12.2022.

// 2 // Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 06.09.2022, charge sheet has already been submitted, the offences are triable by Magistrate and taking into account the amount involved in the case and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a 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 conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall deposit a cash security of Rs.1,00,000/- (rupees one lakh) before the learned Court below, which shall be kept in any Nationalized Bank in a short-term fixed deposit scheme, which shall be renewed from time to time till conclusion of trial and he 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

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