Allowed

Muna @ Asish Moharana @ Ashish v. State of Odisha

Orissa HC8 Jan 2025BLAPL/11986/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 483 of the BNSS. Considering the nature of the offence and absence of past convictions, the court admitted the petitioner to bail, subject to specific conditions regarding appearance and reporting to police.

What did the court decide?

Petitioner admitted to bail on bond of Rs. 50,000 with two sureties on conditions of appearance and police reporting.

Muna @ Asish Moharana @ Ashish Vs State of Odisha — Bail and Remand | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11986 of 2024

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Muna @ Asish Moharana @ Ashish

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Petitioner

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Ms. A. Mehta, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. B.P. Nayak, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

02.

08.01.2025

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

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This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Dhenkanal P.S. Case No.777 of 2024 corresponding to G.R. Case No.1373 of 2024 pending in the file of learned S.D.J.M., Dhenkanal, for commission of offences punishable U/Ss.305(A)/111(6)/317(4) of BNS, on the allegation of habitually receiving stollen property.

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Heard, Ms. Ayushi Mehta, learned counsel for the petitioner and Mr. B.P. Nayak, learned Addl. Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-

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vis the accusations sought to be brought against him and regard being had to the failure of the State to report any past conviction against the petitioner for any offence and keeping in view the submission of charge sheet in the meanwhile and taking into account the well-recognized principle of “bail is the rule, but jail is the exception”, this Court without expressing any view, admits the petitioner to bail. 5. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with . In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and,

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(iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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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 any grave/similar offence 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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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 11:08:22

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Muna @ Asish Moharana @ Ashish v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muna @ Asish Moharana @ Ashish v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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