Laxmi Narayan Paikaray Vs State Of Orissa

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 in connection with Khallikote P.S. Case No.173 of 2022 corresponding to S.T. Case No.15 of 2023 pending in the Court of learned Asst. Sessions Judge, Khallikote for the alleged commission of offence under Sections 341/323/324/307/34 of IPC.

It appears that one Amjad Khan @ Papu and Mantu Pradhan were released on bail as per order passed by this Court. Learned counsel for the petitioner also produced the certified copies of the deposition of the witnesses. The above named co-accused persons were released on bail taking note of the fact that out of eight injuries sustained by the injured, six were simple and two were stated as ‘may be grievous’. Moreover, the injuries were not inflicted on any vital part of the body but on the limbs of the informant and there is evidence of prior dispute between them. This Court therefore, felt that a definite intention to kill the injured could not be attributed to the petitioners. The present petitioner stands on the same footing.

Learned counsel for the informant has opposed the prayer for bail by submitting that the petitioner is a habitual offender being involved in series of cases including the cases of similar nature. It appears that the petitioner is involved in as many as 15 cases including ones under Sections 302 and 307 of IPC.

It is submitted by learned counsel for the petitioner that he has been acquitted in several cases and is on bail in the rest of the cases.

Having considered the rival submissions, the materials on record and the fact that the petitioner has been in custody for more than 1 and ½ years as also the fact that the co-accused persons standing on the same footing have been released on bail, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in sesisin over the matter may deem fit and proper to impose including the following conditions:

(i) He shall appear personally before the trial Court on each date of posting of the case without seeking any representation and in case of even a single default, he shall be taken to custody.

(ii) He shall personally appear before the IIC of Khallikote P.S. on every Sunday at 10 a.m. for a period of six months and such fact shall be certified by the IIC to the concerned Court.

(iii) He shall not commit similar or any other offence while on bail. In case he is involved in any criminal case, it shall be open to the prosecution to move for cancellation of bail.

(iv) He shall not threaten, coerce or pressurise the prosecution witnesses in any manner whatsoever.

The BLAPL is disposed of..

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