Allowed

Amarnath Mishra@Amaranath Mishra v. State of Odisha

Orissa HC10 Aug 2022CRLA/428/2022

Case brief

AI extract

What is this about?

In this bail appeal under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the High Court of Orissa allowed the appellant's bail prayer. The court noted the matrimonial nature of the dispute and the duration of judicial custody before granting release upon furnishing a bond and sureties.

What did the court decide?

The appellant is released on bail by furnishing a bond of Rs.50,000 with two local solvent sureties for the like amount, subject to conditions.

Amarnath Mishra@Amaranath Mishra Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.428 of 2022

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Amarnath Mishra @ …. Appellant Amaranath Mishra

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Mr. R.N. Rout, Advocate

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-versus-

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1. State of Odisha

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2. Smt. Jasoda Dalai

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…. Respondents

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Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.08.2022
02. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).

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Learned counsel for the State submitted that the notice on the informant has been made sufficient since 24.06.2022.

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None appears on behalf of the informant.

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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) Act, 1989 in connection with C.T. (Special) Case No.101 of 2022 arising out of Jajpur Sadar P.S. Case No.127 of 2022 pending in the Court of learned Special

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Judge -cum- Sessions Judge, Jajpur for offences punishable under sections 498-A/294/323/506/34 of the Indian Penal Code, sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act and section 67 of the Information Technology Act, 2000.

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The appellant moved an application for bail before the Court of learned Special Judge, Jajpur which was rejected on 20.05.2022.

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Learned counsel for the appellant submitted that the appellant is the husband of the victim-informant and the case is basically matrimonial dispute and the appellant is in judicial custody since 07.05.2022 and investigation has made substantial progress and therefore, the bail application of the appellant may be favourably considered.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, the relationship between the appellant and the victim and the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.

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Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned

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Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

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The CRLA is accordingly disposed of.

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Urgent certified copy of this order be granted on

proper application.

RKM

( S.K. Sahoo)
Judge

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Amarnath Mishra@Amaranath Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amarnath Mishra@Amaranath Mishra 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

Coram

Case details

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