Rabi@Rabindra Parida Vs State of Odisha

Learned counsel for the State has produced the written instruction received from the Inspector incharge of Kodala police station dated 06.02.2024 to the effect that the informant was found absent in his house for which notice could not be served. The written instruction is taken on record.

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

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This appeal is under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with G.R. Case No. 266 of 2011(B) arising out of Kodala P.S. Case No.115 of 2011 pending in the Court of learned J.M.F.C., Kodala for offences punishable under sections

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147/148/395/302/427/149, sections 25(1-B)(a)/27 of the Arms Act, sections 3 and 4 of Explosives Substances Act and section 3(2)(v) of the S.C. & S.T. (PoA) Act.

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The appellant moved applications for bail before the Court of Addl. Sessions Judge, Chatrapur, which was rejected on 03.08.2023.

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Learned counsel for the appellant submits that there is omnibus nature of allegation against the appellant. Learned counsel further submits that even though it is stated that the appellant participated in the occurrence on 13.07.2011, but he was in judicial custody in Lajpore Central Prison, Surat and therefore, his implication in this case is completely false and therefore, the bail application of the appellant may be favourably considered.

¶22

Learned counsel for the State has produced the written instruction received from the Superintendent, Lajpore Central Prison, Surat in the State of Gujarat from which it appears that the appellant was in the said jail from 05.06.2011 to 31.03.2012. The written instruction is taken on record.

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Considering the submissions made by the learned counsel for the respective parties, absence of any overt-act against the appellant, the report furnished by the Superintendent, Lajpore Central Prison, Surat in the State of Gujarat to the effect that

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as on the date of occurrence i.e. on 13.07.2011, the appellant was in prison and taking into account the period of detention 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 Court in seisin over the matter with further conditions as the learned Court may deem just and proper including the conditions that he shall appear before the learned trial Court on each date to which the case would be posted for trial,

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he shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities.

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

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CRLAs are accordingly disposed of.

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Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

Judge

PKSahoo

Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 07-Feb-2024 10:40:55

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Rabi@Rabindra Parida v. State of Odisha

Case brief

What is this about?

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Rabi@Rabindra Parida v. State of Odisha

Case brief

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