Manoj Jena v. State of Odisha
Case brief
What is this about?
The High Court allowed bail to the petitioner in a criminal trial case involving multiple IPC offences, considering the injured sustained simple injuries and the release of co-accused.
What did the court decide?
Petitioner released on bail with bond of Rs.50,000-/- and two sureties; must appear at police station fortnightly.
What the court decided
BLAPL No. 1018 of 2021
Manoj Jena ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
- 03.03.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.1574 of 2020 arising out of Barang P.S. Case No.97 of 2020 pending in the Court of learned J.M.F.C.(R), Cuttack for offences punishable under sections 341/323/294/506/364/307/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge, Cuttack which was rejected on 04.02.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 25.12.2020 and charge sheet has been submitted under sections 341/323/294/506/364/307/34 of the Indian Penal Code and that the injured Santosh Kumar Patra has sustained simple injury and some of the co-accused persons have already been released on bail by this Court in BLAPL No. 5826 of 2020 and BLAPL No.5932 of 2020 and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local 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 subject to conditions that the petitioner shall appear before the Inspector in Charge of Barang police station once in a fortnight on every Sunday in between 10.00 a.m. to 4.00 p.m. for a period of three months from the date of release and he shall not indulge in any criminal activities.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be released on bail under section 439 Cr.P.C. considering the co-accused have already been released.
What conditions are appropriate for the release of the petitioner on bail given the nature of offences.
Parties & counsel
- petitioner
Manoj Jena
- respondent
State of Odisha
Coram
Sisir
Case details
As recorded by the court registry
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