Orissa High Court
Kishore Majhi vs State Of Odisha .... Opposite Party on 4 September, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9310 of 2023
Kishore Majhi .... Petitioner
Mr. S. Mohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
04.09.2023 Order No.
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in C.T. Case No.07/08 of 2012-17 pending on the file of learned Sessions Judge, Nuapada, arising out of Sinapali P.S Case No.142 of 2011 for commission of the alleged offence under Section 302/120(B) IPC.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Nuapada by order dated 01.08.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner was directed to be released on bail by order dated 04.07.2012 in BLAPL No.13610 of 2012.
5. It is further submitted that the Petitioner was regularly appearing before the learned Court in seisin till 17.04.2023 and on Page 1 of 2 the said date since the application of the Petitioner under Section 317 Cr.P.C. was rejected, N.B.W.(A) was issued and he was taken into custody on 15.06.2023.
6. It is stated that non-appearance of the Petitioner on the date fixed was on account of reasons beyond the control of the Petitioner and it was not intentional and it is stated that since he was appearing for more than a decade regularly before the learned Court in seisin, his application for bail may be liberally considered.
7. Learned counsel for the State opposes the prayer.
8. Taking note of the appearance of the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
9. Additionally, it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and he shall appear before the jurisdictional police station twice a 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.
10. The BLAPL thus stands disposed of.
11. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
PKS Judge
Signature Not Verified
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 08-Sep-2023 11:47:37
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