Allowed

Babu @ Balaram Behera v. State of Odisha

Orissa HC2 Feb 2022BLAPL/10529/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for interim bail granted to the petitioner under Section 437/439 CrPC. The petitioner was ordered to appear before the Assistant Sessions Judge within three weeks. Restrictions on bail terms were directed to be imposed by the Executive Magistrate.

What did the court decide?

Prayer for interim bail allowed for three weeks to appear before the Assistant Sessions Judge for regular bail.

Babu @ Balaram Behera Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 10529 of 2021

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…. Babu@ Balaram Behera

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Petitioner

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Mr. Jyotirmaya Sahoo ,

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Advocate

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-Versus -

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State of Odisha

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Opposite Party

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….

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Mr.S.K. Mishra, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

02.02.2022

Order No.

This matter is taken up through virtual mode.

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It appears that on the strength of a warrant issued by learned Asst. Sessions Judge, Chatrapur in S.T. Case No. 278 of 2013 GDC, the petitioner was arrested by the IIC, Tangi Police Station on 19.10.2021 and produced before learned Executive Magistrate, Khurda in Misc. Case No. 538 of 2021. His application for bail being rejected, he moved the court of learned Additional Sessions Judge, Khurda seeking bail, which was also rejected.

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Having regard to the submissions made and the nature of offences alleged to have been committed by the accused, I am inclined to allow the prayer for bail of the petitioner granting him three weeks time to appear before learned Asst Sessions Judge, Chatrapur.

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It is directed that the petitioner shall be released on bail on such terms and conditions as learned Executive Magistrate, Khurda may deem fit and proper to impose so as to enable him to appear

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before learned Asst Sessions Judge, Chatrapur and to move for regular bail. In such event, learned Asst Sessions Judge, Chatrapur shall release him on regular bail on such terms and conditions as he may deem fit and proper to impose.

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The BLAPL is accordingly disposed of.

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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, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated vide Memo Nos. 514 and 515

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dated 7th January, 2022.

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( Sashikanta Mishra)
Judge

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B.C. Tudu

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Babu @ Balaram Behera v. State of Odisha

Case brief

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Babu @ Balaram Behera v. State of Odisha

Case brief

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