Handi Muduli v. State of Orissa

Mr. B. Karna, Advocate -versus- State of Orissa … Opposite Party Mr. S.R. Roul, ASC CORAM: JUSTICE G. SATAPATHY ORDER 21.06.2023

This matter taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Orkel P.S. Case No.9 of 2023 arising out of Special G.R. Case No.8 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable Under Sections 294/ 323/ 324/ 325/ 353/ 307/ 120/ 120-B/ 186/ 188/ 189/ 506/ 511/ 34 of IPC read with Section 20(a) of NDPS Act, on the main allegation of preventing the police personnel from destroying the cannabis plants cultivated at hilly terrain and forest areas near village Nuaguda under Orkel P.S., along with other co-accused persons in furtherance of their common intention.

Heard Mr. B. Karna, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the present matter.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the petitioner in this case and regard being had to the pre trial detention of the petitioner since 08.01.2023 with submission of charge-sheet and taking into account the other circumstance on record in entirety including the failure of the Investigating Agency to report any criminal antecedent against the petitioner, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with, (iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case petitioner (iv) report attendance before the Jurisdictional fortnight Police Station once preferably on a Sunday of every week in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody. in a The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave and serious offences on prima accusations may be treated as a ground for cancellation of bail in this case. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per

Rules. (G. Satapathy) Judge Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Jun-2023 14:25:43