ABLAPL/16365/2020
2021 Latest Caselaw 1484 Ori

                                     ABLAPL No.16365 of 2020




02.   05.02.2021           This matter is taken up through Video Conferencing
                   mode.
                           Heard learned counsel for the petitioners 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 petitioners shall surrender before the learned
                   Additional Session Judge-cum-Judge, Special Court, Deogarh, in
                   Special C.T. Case No.24 of 2020 corresponding to Reamal P.S.
                   Case No.249 of 2020 within 15 (fifteen) days from today. Seven
                   days before the petitioners surrender before the said Court, they
                   or their 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.
                           Taking into consideration the nature of the offence as
                   alleged against the petitioners, it is directed that the petitioners
                   shall be released on interim bail by the learned Additional
                   Session Judge-cum-Judge, Special Court, Deogarh, on the same
                   day they surrender in the aforesaid case pending disposal of the
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       bail application, on merit, at the time of final hearing of the case,
       on such terms and conditions as deemed just and proper,
       including the following conditions : -
       (1)   the petitioners shall appear in person before the I.O. once
       in a week on the day and time fixed by the said I.O. until further
       order by the learned Additional Session Judge-cum-Judge,
       Special Court, Deogarh;
       (2)   the petitioners 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 similar or
       any other offence during currency of this order.
             The aforesaid order shall not be effective, if the injuries
       sustained by the victim/victims are near fatal and the
       victim/victims are still in bad shape. But, if the injuries are
       otherwise lesser and the victim/victims is/are hale and hearty,
       this observation shall not be effective and the petitioners can be
       granted interim bail.
             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
Basu   prescribed, vide Court's Notice No.4587 dated 25th March, 2020.


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