Allowed

Muna Swain v. State of Odisha

Orissa HC23 Jun 2023BLAPL/2623/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of the petitioner in a serious criminal case. The court admitted the petitioner to bail on furnishing a bond and two sureties, imposing specific conditions regarding attendance, jurisdiction, and police reporting.

What did the court decide?

Petitioner admitted to bail on a bond of Rs.25,000 with two sureties for the like amount, subject to conditions of attendance, no jurisdiction breach, and weekly police reporting.

Muna Swain Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2623 of 2023

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Muna Swain

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Petitioner

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Mr. S.G.Das, Advocate

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-versus-

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State of Odisha

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… Opposite Party Mr. S.R.Roul, ASC

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CORAM: JUSTICE G. SATAPATHY

ORDER

23.06.2023

Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is an bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.164 of 2023 arising out of Khallikote P.S. Case No.67 of 2023 pending in the file of learned J.M.F.C., Khallikote for commission of offences punishable under Sections 341/294/323/324/326/307/506/34 of the IPC on the main allegation of attempting to the life of the informant by assaulting him with an axe.

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Heard learned counsel for the petitioner and Mr.S.R.Roul, learned ASC in the matter and perused the record. Learned counsel for the petitioner has also filed an affidavit stated to be sworn in by Tuna Swain, the younger brother of the petitioner and the certified copy of charge sheet for reference of this Court. The

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affidavit as well as the certified copy of the charge sheet be kept on record.

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After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the probable cause of the incident visà-vis the nature and circumstance of implication of the present petitioner and regard being had to the pretrial detention of the petitioner since 01.02.2023 with submission of charge sheet and taking into account the number and nature of injuries sustained by the injured, this Court admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

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(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Kishore

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Signature Not Verified

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 24-Jun-2023 12:55:02

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Muna Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muna Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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