Hemanta Behera @ Hemanta Kumar Behera vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 01.5.2024 in connection with Balikuda P.S. Case No.63/2004 corresponding to G.R. Case No.508/2004 pending before the learned S.D.J.M, Jagatsinghpur, for the alleged commission of the offence under Sections 341/323/294/379/307/506 of I.P.C. As it appears the Petitioner was earlier on bail as per order passed by the learned Sessions Judge, Cuttack on 1.5.2008 with the condition that he shall appear before the learned S.D.J.M., Jagatsinghpur within a fort night. Since he did not comply such order, N.B.W. was issued.

Learned counsel for Petitioner submits that because of communication gap between the Petitioner and his lawyer, the purport of the order could not be understood by him for which he could not appear before the learned S.D.J.M., as directed. He further undertakes to appear before the court below henceforth on each date of posting of the case without fail.

Learned State counsel while opposing the prayer for bail, fairly submits that the Petitioner was earlier granted bail considering the merits of the case, but he did not comply with the directions of this Court.

Considering the above facts as also the fact that the Petitioner was granted bail earlier by the Court of Session considering the merits of the case, I am inclined to take a lenient view. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the following condition he shall appear before the court below on each date of posting of the case without seeking representation,

The BLAPL is disposed of.

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