Orissa High Court
Maheswar Jena vs State Of Orissa ... ... Opposite Party on 3 August, 2020
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
HIGH COURT OF ORISSA
BLAPL No. 3695 of 2020
Maheswar Jena ... ... ... PETITIONER
VERSUS
State of Orissa ... ... OPPOSITE PARTY
03. 03.08.2020 In view of extraordinary situation arose out of
COVOD-19, the matter is taken up through video
conferencing.
Heard, learned counsel for the petitioner and
learned counsel for the State.
The petitioner being in custody in connection with
Chandanpur PS Case No. 49 of 2020 corresponding to
GR Case No. 619 of 2020, pending in the court of the
learned SDJM, Puri registered for the alleged
commission of offence under Sections 387 and 436/34
of IPC r.w.s. 9B of the Explosive Act, has filed this
petition for his release on bail.
The fact of the case in brief is that one Umakanta
Sahoo had lodged FIR before the Chandanpur Police
Station, Chandanpur on 06.03.2020 alleging inter alia
that the informant was constructing a bridge on the
river bank of Bhargavi at Gabakund cut as contractor.
During the course of his work, Susha Paikray and
Prakash Muduli demanded 'Dada Bati', but he denied it.
As a result of which, the above named persons on
05.03.2020 at 7:00 PM set JCB and Tractor on fire and
blasted bomb on the labour room.
Learned counsel for the petitioner submits that
co-accused who are similarly placed in this case has
already been released on bail vide BLAPL No. 3324 of
2020 by this Court.
2
Learned counsel for the State vehemently opposed
the bail application of the petitioner.
Considering the submissions made and the facts
and circumstances of the case, it is directed that the
petitioner be released on bail on some stringent terms
and conditions as deemed just and proper by the
learned SDJM, Puri in the aforesaid case with further
conditions that:-
1. The petitioner is directed to file an
undertaking before the concerned Investigating
Officer that he shall not repeat the commission of
similar nature of offence;
2. he shall co-operate with the investigation
and make himself present before the
Investigating Officer as and when required.
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 the 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
25.03.2020.
.............................
S. K. Panigrahi, J.
AKP