Orissa High Court
Pramod @ Sagar Majhi vs State Of Odisha .... Opposite Party on 24 February, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6780 of 2024
Pramod @ Sagar Majhi .... Petitioner
Mr. P.C. Panda, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. P.K. Ray, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
24.02.2025
Order No.
04. 1. Heard Mr. Panda, learned counsel for the petitioner and
Mr. Ray, learned AGA for the State.
2. Instant petition under Section 483 BNSS is filed for release
of the petitioner on bail in connection with Adava P.S. Case No. 23
of 2010 corresponding to G.R. Case No. 105 of 2010(G) and ST No.
16 of 2022 now pending in the file of learned Additional Sessions
Judge, Paralakhemundi, Gajapati, on the grounds stated.
3. Perused the FIR as at Annexre-1 and the rejection order i.e.
Annexure-2.
4. The bail orders in BLAPL No. 6734, 6736 and 7489 of
2024 are produced by Mr. Panda, learned counsel for the petitioner
claiming release of the petitioner on bail with the submission that
the trial has been stayed, in view of the judgment of the apex Court
in S.G. Vombatkere Vrs. Union of India, (2022) 7 SCC 433. It is
submitted that rehabilitation of the petitioner was recommended, as
made to reveal from Annexure-2, but it has not taken place and
rather, he was arrested in the case and is in custody from 7th
January, 2022. It is claimed that the petitioner surrendered before
the learned court below and it was to be followed with the
rehabilitation, but unfortunately, the same did not happen and is
currently in custody for more than three years and hence, to be
released on bail, which is strongly objected to by Mr. Ray, learned
AGA for the State with the submission that he belongs to Mao
Cadre.
5. The alleged occurrence is of the year 2010, whereas, the
petitioner surrendered in 2015 and was released thereafter, but
stands implicated in Adava P.S. Case No. 43 of 2010 corresponding
to S.T. No. 6 of 2022. It is informed to the Court that charge has
not been framed. In fact, the trial is stayed, in view of the decision
of the Supreme Court, referred to above. Since, there has been
considerable delay in commencement of trial, which, of course, not
account of any default on part of the learned Court below and
having regard to the submission of Mr. Panda, learned counsel for
the petitioner and reply and response of the State and since, in three
other cases, he has been granted bail, this Court is of the view that
the petitioner should be allowed to go on bail with following
conditions.
6. Hence, it is ordered.
7. In the result, the petition under Section 483 BNSS stands
allowed. Consequently, the petitioner is directed to go on bail in
connection with Adava P.S. Case No. 23 of 2010 corresponding to
G.R. Case No. 105 of 2010(G) and ST No. 16 of 2022 subject to
him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand)
with two solvent sureties for the like amount each to the satisfaction
of the learned Additional Sessions Judge, Paralakhemundi, Gajapati,
who shall be at liberty to impose such other suitable conditions
besides the following, such as, he shall attend the inquiry and trial
on each date of posting pending before the learned Sessions court
without fail and to continue to do so, till trial is concluded.
8. The bail petitions are disposed of.
9. Issue urgent certified copy as per rules.
(R.K. Pattanaik)
Judge
GDS
Designation: JOINT REGISTRAR-CUM-PRINCIPAL
