Amaresh Rout vs State Of Odisha

M.S.Sahoo, J

On 04.06.2024 the following order was passed:-

“Under Section 439 of Cr.P.C., the BLAPL has been filed by the petitioner, now in jail custody in connection with Banarpal PS Case No.98 of 2000 corresponding to GR Case No.831 of 2000 pending in the court of the learned JMFC, Banarpal for alleged commission of offence under Sections 392/34 of the IPC.

Learned counsel for the Petitioner seeks accommodation to obtain the instructions as regards the detailed order-sheet of the learned court in seisin over the matter.

Learned Additional Standing Counsel shall obtain the instructions by the next date.

List on 6th June, 2024.”

Learned counsel for the petitioner referring to the said order submits that he has obtained the order sheet in G.R. Case No.831 of 2000 pending in the Court of learned SDJM, Angul from 16.12.2000 till 21.01.2004. It is submitted that thereafter the matter has been transferred to the file of learned JMFC, Banarpal.

Learned Additional Standing Counsel referring to the failure of the petitioner to respond to the warrant issued by the learned Court in seisin of the matter submits that the petition is liable to be rejected.

This Court is of the view that the order passed by the learned Court in seisin of the matter is just and proper. However, it is directed that if the petitioner moves for bail in G.R. Case No.831 of 2000 before the learned Court in seisin of the matter within two weeks, the learned Court shall release the petitioner on bail subject to such terms and conditions that would be deemed fit and proper by the learned court.

This order is subject to the petitioner depositing a cost of ₹1000/- in the ‘Orissa High Court Bar Association Welfare Fund’ within three working days. The receipt of such deposit shall be filed in the Registry of this Court and copy of the receipt shall also be produced before the learned Court in seisin of the matter.

The petition stands disposed of accordingly. Issue urgent copy of this order as per rules.

The certified copy of the order sheet as referred above produced in the Court today shall be kept on record. Scanned copy be updated.

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