Allowed

Dillip Kumar Panda v. State of Odisha

Orissa HC11 Jul 2023CRLA/579/2023

Case brief

AI extract

What is this about?

This appeals against the rejection of the earlier bail in this S.C. & S.T. case. The court approved the appellant's second prayer for bail after noting that eye witnesses did not support the prosecution case. Released on Rs.50,000 bail with two sureties.

What did the court decide?

Appellant released on bail of Rs.50,000 with two local solvent sureties; not to indulge in criminal activities.

Dillip Kumar Panda Vs State of Odisha — Bail and Remand | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLA No.579 of 2023

¶3

Dillip Kumar Panda

¶4

…. Appellant

¶5

Mr. S.K. Mohanty, Advocate.

¶6

-versus-

¶7

State of Odisha & another …. Respondents

¶8

Mr. P.B. Tripathy,

¶9

Additional Standing Counsel.

¶10

Order No.

¶11

¶12

Mr. A.K. Nayak, Advocate for the informant. CORAM: JUSTICE S.K. SAHOO ORDER 11.07.2023 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Mr. Arun Kumar Nayak, learned counsel enters appearance on behalf of the informant in this case by filing Vakalatnama in Court today which is taken on record.

¶13

Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the informant.

¶14

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.39 of 2021 arising out of Badagada P.S. Case No.325 of 2021 pending in the Court of learned Additional Sessions Judge - cum- Special Judge, Bhanjanagar, Ganjam for offences punishable under sections 294/323/302/506 of the Indian

¶15

// 2 //

¶16

Penal Code read with section 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act.

¶17

Learned counsel for the petitioner submits that the appellant earlier approached this Court for bail in CRLA No.237 of 2022, which was rejected as per order dated 14.03.2023, however, liberty was granted to the appellant to renew his prayer for bail after examination of the eye witnesses in the trial Court. He further submits that trial has commenced and eye witnesses have been examined and they have not supported the prosecution case and since the appellant is in judicial custody since 20.08.2021, his bail application may be favourably considered. He has filed the depositions copies of the witnesses, which are taken on record.

¶18

Learned counsel for the State, after going through the deposition copies of the witnesses, fairly submits that none of the eye witnesses have supported the prosecution case.

¶19

Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced during trial, change in the circumstances after rejection of the earlier bail application and the period of detention of the appellant in judicial custody, I am inclined to reconsider the prayer for bail of the appellant.

¶20

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 trial Court on conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any

¶21

Page 2 of 3

¶22

// 3 //

¶23

criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

¶24

Violation of any of the conditions shall entail cancellation of bail.

¶25

The CRLA is accordingly disposed of.

¶26

Urgent certified copy of this order be granted on proper application.

¶27

amit

¶28

( S.K. Sahoo)
Judge
AMIT KUMAR MOHANTY Digitally signed by AMIT KUMAR MOHANTY Date: 2023.07.13 10:17:32 +05'30'

¶29

Page 3 of 3

Dillip Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Panda 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

Similar cases

Satyaranjan Hota Vs State of Odisha

Pallavi Mishra @ Pallavi Hota Vs State of Odisha

Dasaratha Bag Vs State of Odisha

Santanu Khadia Vs State of Odisha

Niraj Kumar Vs State of Odisha

Kalia Naik Vs State of Odisha