Orissa High Court
Jatia @ Somanath Mallik vs State Of Orissa .....Opposite Party on 25 January, 2021
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
BLAPL NO.5282 of 2020
Jatia @ Somanath Mallik ....Petitioner.
Versus
State of Orissa .....Opposite Party.
04. 25.01.2020 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is an accused in G.R.Case No.841 of 2020
arising out of Tihidi P.S. No.173 of 2020 pending in the court of
the learned S.D.J.M., Bhadrak. The case was preliminarily
registered for the offence under Section 394 of I.P.C but
subsequently charge sheet was submitted under Section 395/397
read with Section 25 of the Arms Act.
From the allegation as made in the F.I.R. it reveals that
on 04.05.2020 while one Pramod Kumar Bhanja, who was the
employee of M/s Rout Bharat Gas Gramina Vitarka of the
informant was going to deposit cash of Rs.11,09,200/- at UCO
Bank, Tihidi, on his way at Jizharpur Railway crossing, three
persons covering their faces with napkin came in a number less
TVS Apache motor cycle and assaulted him with bhujali and
when he fell down on the ground they took away the cash and fled
away.
It is submitted by learned counsel for the petitioner that
a false case has been initiated against the present petitioner. In
the T.I. parade the present petitioner was identified by the victim.
The investigation has been completed, charge sheet has been
submitted and looted money has been recovered from the
possession of the accused. The petitioner is languishing in jail
custody since 28.05.2020.
Learned counsel for the State vehemently opposed the
bail application with the submission that the petitioner is a
habitual offender and involved in many cases of similar nature as
alleged against him.
2
Considering the submissions made and the
facts and circumstance of the case and recovery of money, it is
directed that the petitioner be released on bail on some stringent
terms and conditions as deemed just and proper by the learned
S.D.J.M., Bhadrak, in the aforesaid case with further conditions
that:-
1. The petitioner shall appear before the
Investigating Officer on every Sunday between
10 A.M. to 5 P.M.till conclusion of the trial;
2. he shall not tamper with the
prosecution witnesses directly or indirectly;
and
3. he shall not involve himself in any
criminal activities while on bail
Violation of any of the aforesaid
conditions may entail consideration for
cancellation of the bail granted to the
petitioner.
The Bail Application is accordingly disposed of.
As Lock-down period is continuing for COVID-19,
learned counsel for the petitioner may utilize the soft copy of this
order available in the High Court's website or print out thereof at
par with certified copies in the manner prescribed, vide Court's
Notice No.4587 dated 25.3.2020
.............................
S. K. Panigrahi, J.
LNB