Orissa High Court

Shankulia Nahak @ vs State Of Odisha on 7 May, 2024

Bench: S.K.Sahoo, R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.
                                 No.622 of 2019

          1. Shankulia Nahak @
          Shakunlia Nahak
          2. Guru Nahak
          3. Prasanna Nahak                .....     Appellants/Petitioner
                                                               /Petitioners

                                                     Mr. Nrusingha Nanda
                                                     Mohapatra,
                                                     Advocate for
                                                     appellant/petitioner no.2
                                         -versus-

          State of Odisha                  .....     Respondent/Opp.
                                                               /Opp. Party

                                                     Mr. P.B. Tripathy
                                                              Tripathy,
                                                     Addl. Standing Counsel

                                CORAM:
                   THE HON'BLE MR. JUSTICE S.K.SAHOO
                THE HON'BLE MR. JUSTICE R.K. PATTANAIK

                                      ORDER

Order No.                            07.05.2024

    07.             This    matter    is   taken       up     through     Hybrid

arrangement (video conferencing/physical mode).

This is an application for interim bail of appellant /petitioner no.1 Shankulia Nahak @ Shakunlia Nahak on the ground to attend the marriage of his son.

Since the date of marriage was fixed to 05.05.2021, the matter has become infructuous and

accordingly, the I.A. stands disposed dispo of.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge

08. Perused the prisoner's petition of appellant no.2 Guru Nahak in which request has been made to engage Mr. N.N. Mohapatra as his advocate.

Mr. Mohapatra, learned counsel has filed his Vakalatnama for appellant no.2 Guru Nahak, which is taken on record.

The name of Mr. Mohapatra and his associates shall be reflected in the cause list as well as at the top of the brief henceforth.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge

09. This is an application under section 389 of Cr.P.C.

for grant of bail of appellant/petitioner no.2 Guru

Nahak.

Learned counsel for the petitioner no.2 submitted that the petitioner no.2 is in judicial custody in connection with this case for thirteen years.

Since no custody certificate has been produced before us and the impugned judgment indicates that the petitioner no.2 was on bail during trial, let the learned counsel for the State produce the custody certificate of the petitioner no.2 from the concerned Jail Superintendent so also instruction about criminal antecedents, if any, against him.

List this matter in the week commencing from 20.05.2024.

Custody certificate of petitioner no.2 and instruction be obtained in the meantime.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge sipun

Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-May-2024 18:22:33