Disposed

Sidheswar Mohapatra v. State of Odisha

Orissa HC17 May 2024CRLA/404/2024

Case brief

AI extract

What is this about?

Appeal under the SC/ST (POA) Act against rejection of bail in a trial case arising from Mancheswar P.S. Case No.118 of 2024. Considering custody period and subsequent developments, the court set aside the impugned order and directed release on bail with conditions.

What did the court decide?

Appellant to be released on bail in T.R. Case No.127 of 2024 on terms fixed by the trial court, with conditions not to terrorize/threaten victim or witnesses and to appear personally on each posting d

Sidheswar Mohapatra Vs State of Odisha — Caste Atrocities | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.404 of 2024

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*Sidheswar Mohapatra*	.....	*Appellant*
	-versus-	Represented By Adv. - Mr. Sudeep Ku. Sarangi
*1) State of Odisha,*	.....	*Respondents*
2) Sagarika Kisan		Represented By Adv.
		– Mr. S.K. Nayak, AGA,
		-Mr. R.N. Panda (R-2),

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CORAM:

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THE HON'BLE MR. JUSTICE D. DASH ORDER

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17.05.2024

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Order No.

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1. This matter is taken up through hybrid mode.

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Mr. Rabindra Nath Panda, learned Counsel and associate enters appearance on behalf of the Respondent No.2 (Informant) by filing Vakalatnama in Court today, which is taken on record. Name of Mr. R.N. Panda, learned Counsel be reflected in the cause list as also the brief.

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The Appellant by filing the Appeal under section 14(a)(2) of the SC & ST (POA) Act has assailed an order dated 08.04.2024 passed by the learned District & Sessions Judge, Khurda in connection with T.R. Case No.127 of 2024, arising out of Mancheswar P.S. Case No.118 of 2024, whereby the prayer for grant of bail to the Appellant has been rejected.

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Heard learned Counsel for the Appellant and learned Counsel for the Respondent No.1-State as well as the learned Counsel for the Respondent No.2.

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Page 1 of 2.

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Considering the submissions made and on going through the materials on record; further keeping in view the surrounding circumstances including the period of detention of the Appellant in custody and the developments taking place in the meantime as submitted by the learned Senior Counsel for the Petitioner and not refuted by the Counsel for the Informant, this Court is of the view that further detention of the Appellant till conclusion of the Trial would serve no useful purpose and as such is not warranted.

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Accordingly, while being inclined to set aside the impugned order; it is directed that the Appellant be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that he will not terrorize or threaten the victim as well as the prosecution witnesses; and will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial.

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The CRLA is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D. Dash) Judge.

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Narayan

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 21-May-2024 16:32:21

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Page 2 of 2.

Sidheswar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sidheswar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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