Debadullabha Mohapatra vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through virtual mode.

Heard Mr. S.C.Mohapatra, learned counsel for the Petitioner and Mr. P.Tripathy, learned Addl. Standing Counsel for the State.

The petitioner is in custody since 21st September, 2021 in connection with Gunupur P.S. Case No.140/2021 corresponding to G.R. Case

No.274/2021 pending in the court of learned S.D.J.M., Gunupur for the alleged commission of the offence under Sections 25(1-A), 25(8) and 29 of the

Arms Act.

The allegation against the Petitioner is that he along with some other persons were found to be in illegally possessing arms and ammunitions without

any authority. In course of raid into the premises a country made pistol and three ammunitions were seized from the possession of the Petitioner.

Several other fire arms were seized from the possession of other persons.

Having regard to the submissions made, the materials on record, the period of detention already undergone and the fact that except for the

allegation of possession of fire arms, no other specific act has been attributed to the Petitioner, I am inclined to allow the prayer for bail.

Let the Petitioner be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter

including the condition that he shall appear before the trial court on each date of posting of the case without fail.

The BLAPL is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021 and Court’s Office Order circulated

vide Memo Nos.514 and 515 dated 7th January, 2022.

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