ABLAPL/16473/2020
2021 Latest Caselaw 1482 Ori

                                    ABLAPL No.16473 of 2020




02.   05.02.2021         This matter is taken up through Video Conferencing
                   Mode.

                         Heard learned counsel for the petitioner and learned Addl.
                   Standing Counsel.

                         Considering the submissions and on going through the
                   materials as placed, this Court is inclined to dispose of the
                   ABLAPL in the light of the order passed by this court in the case
                   of Pramod Kumar Ray and others vrs. State of Odisha,
                   reported in (2017) 67 OCR - 309 with the following
                   observations.

                         The petitioner shall surrender before the learned Special
                   Judge-cum-Sessions Judge, Bolangir in Patnagarh P.S. Case
                   No.280 of 2020 within three weeks from today. Seven days
                   before the petitioner surrenders before the said Court, he or his
                   counsel shall serve a copy of the bail application or such number
                   of copies of the bail application on the learned Public
                   Prosecutor/Special Public Prosecutor, as required by him, for the
                   purpose of notice to the victim or his/her dependent. On the date
                   of surrender of the petitioner, the Public Prosecutor / Special
                   Public Prosecutor shall be ready with the Case Diary and other
                   relevant records of the case.

                         Taking into consideration the gravity of the offence,
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learned Special Judge-cum-Sessions Judge, Bloangir shall
consider the question whether to release the petitioner on interim
bail on the same day awaiting sufficiency of notice on the victim
or his/her dependent. If the said Court decides to grant interim
bail to the petitioner on the basis of materials available on record,
then the petitioner shall be released on interim bail on such terms
and conditions as deemed just and proper, including the
conditions that -

      (1)    the petitioner shall appear before the concerned I.O.
             once in a week on the day and time fixed by the said
             I.O. until further order by the learned Special Judge-
             cum-Sessions judge, Bolangir;

      (2)    the petitioner shall not threaten, induce or coerce
             any witness of this case or the victim or his/her
             dependent in any manner whatsoever; and

      (3)    the petitioners shall not involve themselves in any
             other offence during currency of this order.

      It is made clear that, this order does not in any way compel
the learned Special Judge-cum-Sessions Judge, Bolangir to
exercise its discretion of granting interim bail in favour of the
petitioners in view of the gravity of the offence. Such discretion
shall only be exercised on consideration of the facts and
circumstances, as found from the case record at the threshold,
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    and learned Special Judge-cum-Sessions Judge, Bolangir shall
    have jurisdiction to find out whether the captioned offence is
    made out against the petitioner and whether involvement of the
    petitioner are at the fringe only.

      As the restrictions due to the COVID-19 situation are
    continuing, learned counsel for the parties may utilize a soft copy
    of this order/judgment available in the High Court's website or
    print out thereof at par with certified copy in the manner
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    prescribed, vide Court's Notice No.4587 dated 25th March, 2020.



                                         .....................
                                          D. Dash, J.

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