Orissa High Court
Manash Jena And Another vs State Of Odisha .... Opposite Party on 8 June, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6148 of 2023
Manash Jena and another .... Petitioners
Mr. D.K. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. R. Tripathy, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
08.06.2023 Order No.
01. 1. Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners are accused in connection with G.R. Case No.1121 of 2023, pending in the Court of the learned S.D.J.M., Kendrapara, Dist-Kendrapara, arising out of Marsaghai P.S. Case No.185 of 2023 for alleged commission of offences under Sections 341/323/294/307/354(B)/506/34 of IPC.
3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara by order dated 24.05.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioners are in custody since 12.05.2023 and as investigation has progressed substantially and the incident is an offshoot of long standing civil dispute inter se between the petitioners and the informant family, exaggerated allegations have been made against the petitioners.
Page 1 of 25. Learned counsel for the State opposes the prayer for bail referring to the injury reports of the three injured out of whom one Bichitra Ku. Jena has suffered one grievous injury.
6. It is the further submission of the learned counsel for the petitioner that the injured are leading normal life.
7. Considering the back ground in which the offence has been committed and the age of the petitioner No.2 (65 years), this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
8. While releasing the petitioners on bail, learned Court below shall the criminal antecedent of the petitioners. If it comes to fore that the petitioners have more than one criminal antecedent, this order shall stand recalled.
9. Accordingly, the BLAPL stands disposed of.
10. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Vacation Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Jun-2023 15:54:14 Page 2 of 2