High CourtsSingle Bench

Saroj Mallik vs State Of Odisha

Orissa High Court · Decided on 18 July 2023 · Citation: (2023) 07 OHC CK 0162

HON’BLE JUDGES
S.K. Sahoo, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 147, 148, 149, 294, 307, 323, 341, 326, 506 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(r), 3(2)(v), 14A · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 621 Of 2023
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Judgment

13 paragraphs · 370 words

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the State submitted that notice on the informant has been made sufficient.

None appears for the informant.

Heard learned counsel for the appellant and learned counsel for the State.

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. (Special) Case No.26 of 2023 arising out of Bargarh P.S. Case No.166 of 2023 pending in the Court of learned Sessions Judge -cum- Special Judge, Bargarh for offences punishable under sections 147/148/323/341/326/307/294/506/120-B/149 of the Indian Penal Code, sections 25/27 of the Arms Act and sections 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act.

The appellant moved an application for bail before the Court of learned Sessions Judge, Bargarh which was rejected on 17.05.2023.

Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 12.03.2023 and he has been charge sheeted under sections 147/148/323/341/ 326/307/294/506/120-B/149 of the Indian Penal Code, sections 25/27 of the Arms Act and sections 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act and the injured Jagannath Karna has already been discharged from the hospital and he is quite hale and hearty and no specific overt act has been attributed against the appellant and similarly co-accused persons have been released on bail and copies of the bail orders of the co-accused persons have been filed, which are taken on record and on hearing the learned counsel for the State, I am inclined to release the appellant on bail.

Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to condition that the appellant shall appear before the learned trial Court on each date when the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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