Orissa High Court
Dhanamali Mukhi vs State Of Odisha .... Opposite Party on 28 February, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13155 of 2022
Dhanamali Mukhi .... Petitioner
Mr. D.R. Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
BLAPL No. 13159 of 2022
Banamali Mukhi .... Petitioner
Mr. A.S. Paul, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.02.2023 Order No.
03. 1. Since both the cases i.e., BLAPL No.13155 and 13159 of 2022 arise out of Athamallik P.S. Case No.283 of 2022, on the consent of the learned counsel for the petitioner as well as State, they are taken up together and are disposed of by this common order.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with G.R. Case No.1206 of 2022, pending in the Court of the learned S.D.J.M., Athamallik, District-Angul arising out of Athamallik P.S. Case Page 1 of 3 No.283 of 2022, for alleged commission of offences under Sections 147/148/341/294/506/323/307/332/336/353/427/149 of IPC read with Section 7 Crl. L.A. Act and 3 of PDPP Act.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athamallik, by order dated 26.12.2022 in the aforementioned case, the present BLAPL has been filed.
5. The petitioners in each of the cases are taken into custody since 21.12.2022 and as charge sheet has already been filed 17.02.2023, they may be released on bail.
6. Learned counsel for the State opposes the prayer for bail relying on the injury report of Sudarsana Sahu and submits that since the petitioners have mercilessly assaulted the injured and he suffered grievous injury, they ought not to be released on bail merely because charge sheet has been filed.
7. It is the further submission of the learned counsel for the State that both the petitioners have criminal antecedent and there is chance of intimidating the victim, the injured and their family.
8. It is stated at the bar that the injured has recovered and leading a normal life.
9. Considering the same and taking into account filing of charge sheet, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Additionally, it is directed that the petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Page 2 of 311. Liberty is granted to the victim to seek variance of this order, if there is any threat perception.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Santoshi Page 3 of 3