Allowed interim bail to petitioners appearing before the Special Court SC & ST, Cuttack, within three weeks, subject to standard conditions including weekly appearances and prohibition on threatening witnesses or committing further offences.
Petitioners released on interim bail on surrender within three weeks, pending disposal of bail application on merits.
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ABLAPL No.5231 of 2021
Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this court in the case of Pramod Kumar Ray and others vrs. State of Odisha, reported in (2017) 67 OCR – 309 with the following observations.
The Petitioners shall surrender before the learned Special Court SC & ST (POA) Act, Cuttack in C.T. Case No.50 of 2021 arising out of Tangi P.S. case No.47 of 2021, within three weeks from today. Seven days before the Petitioners surrender before the said Court, they or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her dependent.
Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned Court of the learned Special Court SC & ST (POA) Act, Cuttack on the same day they surrender in the aforesaid case, pending disposal of the bail application, on merit, at the time of final hearing of the case,
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on such terms and conditions as deemed just and proper, including the following conditions : –
(1) the Petitioners shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Court SC & ST (POA) Act, Cuttack,
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
Basu
(D.Dash) Judge.
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1 issue framed by the court
Whether to grant interim bail to the petitioners pending disposal of the bail application on merit.
Colour shows how this judgement treated each authority
Pramod Kumar Ray and others vrs. State of OdishaFollowed¶3
(2017) 67 OCR – 309
Petitioners
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
