The High Court disposed of a withdrawn criminal appeal to grant liberty to the appellant for a fresh bail application. It directed the learned Special Judge to dispose of the bail application in accordance with law.
Criminal Appeal disposed of as withdrawn; liberty granted for fresh bail application; lower court directed to decide bail application.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 618 of 2021
Misala Siba
…. Appellant Mr. Ashok Das, Advocate
-versus-
State of Orissa & Anr.
…. Respondents Mr. P.C. Das, ASC Smt. Laxmi Sabar, Respondent No.2 (In person through V.C.)
CORAM: JUSTICE SAVITRI RATHO
Order No.
ORDER
22.11.2021
The matter is taken up by hybrid mode.
Heard Mr. Ashok Das, learned counsel for the appellant and Mr. P.C. Das, learned Additional Standing Counsel.
Laxmi Sabar, learned counsel for the Respondent No.2 is present in person who has appeared through Video Conferencing mode from the office of the S.D.P.O., Paralakhemundi and vehemently opposes the prayer for bail.
This is an application under Section 14 (4) of Scheduled Caste and Scheduled Tribe Act for grant of bail to the appellant-Lankepalli Raju in connection with Parlakhemundi P.S. Case No.199 of 2021 corresponding to G.R. Case No.103 of 2021 pending in the Court of the learned Special Judge – cum-Sessions Judge, Parlakhemundi for commission of offence punishable under Section 341/294/387/323/354/506/34 of IPC read with Section 3(1) (r)(s) /3(1)(w)(i)/ 3(1)(w)(2)/ 3(2)(va) of SC/ ST Act.
The appellant had moved an application for bail before the court of learned Special Judge –cum-Sessions Judge, Parlakhemundi which was rejected on 01.11.2021.
Mr. Ashok Das, learned counsel for the appellant files a memo stating that he wants to withdraw this Criminal Appeal in order to move
// 2 //
learned court below afresh for bail and liberty for the same may be granted to him.
The Criminal Appeal is disposed of as withdrawn granting the liberty prayed for. The learned court below shall do well to dispose of the bail application in accordance with law.
Urgent certified copy of this order be granted on proper application.
(Savitri Ratho) Judge
puspa
Page 2 of 2
2 issues framed by the court
Whether to allow withdrawal of criminal appeal and grant liberty for fresh bail application.
Whether to direct the lower court to dispose of the pending bail application in accordance with law.
Misala Siba
State of Orissa
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
