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High CourtsSingle Bench(2023) 10 OHC CK 0124

Krushna Chandra Surujal vs State Of Odisha

Orissa High Court · Decided on 18 October 2023

HON’BLE JUDGES
Savitri Ratho, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 11554 Of 2023

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Judgment

12 paragraphs · 380 words

Savitri Ratho, J

1.

This application under Section 439 of Cr.P.C. has been filed in connection with Sindhol P.S. Case No.21 of 2002 corresponding to G.R. Case No.49 (B) of 2002 pending in the Court of the learned S.D.J.M., Birmaharajpur under Section 395 of IPC.

2.

Mr.Pulakesh Mohanty, learned counsel for the petitioner submits that the petitioner had been released on bail after he surrendered in the Court below pursuant to order passed in CRLMC No.518 of 2010 by this Court. Thereafter he was taking steps on each date and after 12 years, i.e., 17.11.2022 as the petitioner and co-accused, Srikamal Surujal did not appear in the case and no steps were taken on their behalf, N.B.W. was issued against them. N.B.W. has been executed against the petitioner on 25.08.2023 and he is in custody since then. He further submits that after the petitioner was released on bail in 2010, it is his first default and N.B.W. has been issued against him as his advocate could not take steps due to communication gap. He further submits that the petitioner is willing to comply with any condition/s imposed by this Court for his release on bail.

3.

Considering the fact that the petitioner was released on bail earlier and was appearing in Court for 12 years and is in custody since 25.08.2023, I am inclined to allow the prayer for bail.

4.

Let the petitioner- Krushna Chandra Surujal be released on bail by the learned S.D.J.M., Birmaharajpur in the aforesaid case on such terms and conditions as may be deemed fit and proper by him/her subject to verification that the petitioner had defaulted in appearance for the first time on 17.11.2022 after he was released on bail on 24.11.2010, including the following conditions:

(i) He shall appear once in every week on Sunday between 4.00 p.m. to 6.00 p.m. before the I.I.C., Ulunda Police Station.

(ii) He shall furnish cash security of Rs.5,000/- (Rupees five thousand).

(iii) He will appear on each date the case is fixed for trial.

5.

The BLAPL is accordingly allowed.

6.

Urgent certified copy of this order be granted as per rules.

7.

A copy of this order be supplied to Mr.S.S.Pradhan, learned Addl. Government Advocate for onward transmission to the IIC, Ulunda Police Station.

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