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Mrudanga Ray v. State of Odisha

Orissa HC9 May 2024BLAPL/4265/2024

Case brief

AI extract

What is this about?

BLAPL No.4265 of 2024; High Court of Orissa at Cuttack; R.K. Pattanaik, J.; order dated 09.05.2024; bail under Section 439 Cr.P.C.; petitioner Mrudanga Ray; bail default; surrender on 14.03.2024; Special G.R. Case No.90 of 2021; Malkangiri P.S. Case No.419 of 2021; Judge-cum-Special Judge, Malkangiri; bail bond Rs.25,000/- with one solvent surety; petition allowed; BLAPL disposed of.

What did the court decide?

Release of the petitioner on bail in connection with Special G.R. Case No.90 of 2021 arising out of Malkangiri P.S. Case No.419 of 2021, subject to furnishing a bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned Judge-cum-Special Judge, Malkangiri, with liberty to that court to impose other suitable conditions. ¶23

Mrudanga Ray Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who had defaulted in appearance while on earlier bail and subsequently surrendered and remained in judicial custody since 14th March, 2024, should be released on bail under Section 439 Cr.P.C. in connection with Special G.R. Case No.90 of 2021.

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Court's answer

Considering the alleged default and the petitioner's detention since 14th March, 2024, and under the impression that he must have understood the rigor of law, the Court was inclined in favour of release of the petitioner on bail, subject to conditions.

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Ratio / Principle

The petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner on bail in connection with Special G.R. Case No.90 of 2021, subject to furnishing a bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned Judge-cum-Special Judge, Malkangiri, who may impose such other suitable conditions as deemed just and necessary.

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Detailed headnote1 paragraphs

Bail — Section 439 Cr.P.C. — petitioner earlier enlarged on bail by order dated 15.11.2021 in BLAPL No. 8493 of 2021; defaulted in appearance on 13.03.2023 and surrendered before the court below on 14.03.2024, in judicial custody since — considering the alleged default and detention, and that the petitioner must have understood the rigor of law, petition allowed and petitioner directed to be released on bail in connection with Special G.R. Case No.90 of 2021 (Malkangiri P.S. Case No.419 of 2021) on furnishing a bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned Judge-cum-Special Judge, Malkangiri, with liberty to impose further suitable conditions.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4265 of 2024

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Mrudanga Ray

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…. Petitioner

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Mr. R.L. Pattanaik, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. B.P. Tripathy, AGA

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

09.05.2024

Order No.

Heard Pattanaik, learned counsel for the petitioner and Mr. Tripathy, learned AGA for the State.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Special G.R. Case No.90 of 2021 corresponding to Malkangiri P.S. Case No.419 of 2021 pending in the file of learned Judge-cum-Special Judge, Malkangiri on the grounds stated therein.

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Mr. Pattanaik, learned counsel for the petitioner would submit that the petitioner was on bail by the Court’s order dated 15^th November, 2021 in BLAPL No. 8493 of 2021 and thereafter, defaulted in appearance on 13^th March, 2023 and then surrendered before the court below on 14^th March, 2024 and since then, he is in judicial custody.

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Page 1 of 2

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Considering the alleged default and detention of the petitioner since 14^th March, 2024 and the Court under the impression that he must have understood the rigor of law, recording the submission of Mr. Tripathy, learned AGA for the State, the Court is inclined and in favour of release of the petitioner on bail subject to the following conditions.

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Hence, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner on bail in connection with Special G.R. Case No.90 of 2021 arising out of Malkangiri P.S. Case No.419 of 2021 subject to him furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) with one solvent surety for the like amount each to the satisfaction of the learned Judge-cum-Special Judge, Malkangiri, who shall be at liberty to impose such other suitable conditions as deemed just and necessary in the facts and circumstances of the case.

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