Allowed

Chagula @ Manoj Jena @ Manoj Kumar Jena v. State of Odisha

Orissa HC7 May 2020CRLA/123/2020

Case brief

AI extract

What is this about?

The Single Judge allowed the Criminal Leave Petition filed by the appellant, directing his release on bail in a case involving offences under IPC and SC/ST (POA) Act, considering the nature of injuries and investigation progress.

What did the court decide?

The appellant is released on bail on furnishing a bail bond of Rs. 20,000 with two solvent sureties each for the like amount.

Chagula @ Manoj Jena @ Manoj Kumar Jena Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CRLA No.123 of 2020

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Chagula @ Manoj Jena @ … APPELLANT Manoj Kumar Jena

-VERSUS-

STATE OF ODISHA

... RESPONDENT

07.05.2020 Heard learned counsel for the appellant and learned counsel for the State.

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This is an appeal under section 14-A of S.C. & S.T. (POA) Amendment Act, 2016 in connection with Bhandaripokhari P.S. Case No.09 of 2020 arising out of Spl. (SC/ST) Case No. 14 of 2020 pending in the Court of learned Special Judge, Bhadrak for offences punishable under sections 341, 294, 323, 307 of the Indian Penal Code and section 3(1)(s)/3(2)(va) of the SC & ST (POA) Act.

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The appellant moved an application for bail before the Court of learned Special Judge, Bhadrak, which was rejected on 04.02.2020.

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Learned counsel for the appellant submitted that the appellant is in judicial custody since 13.01.2020 and the injuries sustained by the injured persons, namely, Dibakar Jena and Dayanidhi Nayak are simple in nature and the investigation of the case has made substantial progress and therefore, the bail application may be favourably considered.

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Learned counsel for the State submits that as per the order dated 26.02.2020, after receiving a copy of the appeal memo, the same was sent to the concerned police

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station for its service on the respondent no.2 and the report of the S.D.P.O. reveals that the same has been received by the respondent no.2.

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None appears on behalf of respondent no.2.

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Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the appellant, nature of injuries sustained by the injured persons and the period of detention of the appellant in judicial custody, I am inclined to allow the prayer for bail and direct the appellant to be released on bail.

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Let the appellant be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the CRLA is disposed of.

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Issue urgent certified copy as per Rules.

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PKSahoo

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…………………..……

Chagula @ Manoj Jena @ Manoj Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chagula @ Manoj Jena @ Manoj Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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