Orissa High Court
Padman Muduli vs State Of Odisha ... Opposite Party on 4 August, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6083 of 2023
Padman Muduli ... Petitioner
Mr. A. Das, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. S.S. Pradhan, AGA
BLAPL No.6561 of 2023
Bhima Jani ... Petitioner
Mr. R.L. Pattnaik, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. S.S. Pradhan, AGA
BLAPL No.6658 of 2023
Biswanath Muduli @ Bisnath ... Petitioner
Mr. R.L. Pattnaik, Advocate along with
Mr. J.K. Panda, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. S.S. Pradhan, AGA
BLAPL No.7324 of 2023
Nagesh Rao Anupal ... Petitioner
Mr. J.K. Panda, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. S.S. Pradhan, AGA
Page 1 of 4
CORAM:
JUSTICE G. SATAPATHY
ORDER
04.08.2023 Order No.
03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Since all these four bail applications arise out of one and same case, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. These are applications U/S.439 of Cr.P.C. by the petitioners 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)(i) 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.
4. Heard Mr. A. Das, learned counsel for the petitioner in BLAPL No.6083 of 2023, Mr. R.L. Pattnaik, learned counsel for the petitioner in BLAPL No.6561 of 2023, Mr. R.L. Pattnaik along with Mr. J.K. Panda, learned counsel for the petitioner in BLAPL No.6658 of 2023, Mr. J.K. Panda, learned counsel for the petitioner in BLAPL Page 2 of 4 No.7324 of 2023 and Mr. S.S. Pradhan, learned AGA in all these bail applications and perused the record. It is brought to the notice of the Court that no criminal antecedent is reported against any of the petitioners.
5. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners in this case and regard being had to the pre trial detention of the petitioners with submission of charge-sheet and taking into account the other circumstance on record in entirety including absence of criminal antecedent against any of the petitioners and the release of similarly circumstanced co- accused Handi Muduli on bail in BLAPL No.2040 of 2023, this Court admits the petitioners to bail.
6. Hence, all these four bail applications of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 petitioners shall not commit any offence while on bail,
(ii) the petitioners shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with, Page 3 of 4
(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and
(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.
The I.I.C., of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their 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 petitioners 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 petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge Signature Not Verified Subhasmita Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Aug-2023 11:57:11 Page 4 of 4