Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12811 of 2024
Mukteswar Mohanandia
…. Petitioner Mr. L.N. Patel, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. D.K. Sahoo, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 02.01.2025
01.
1. Heard Mr. Patel, learned counsel for the petitioner and Mr. Sahoo, learned AGA for the State.
2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with S.T. Case No.03 of 2014 pending in the file of learned Additional Sessions Judge, Jharsuguda corresponding to Kolabira P.S. Case No.28 of 2013 on the grounds stated therein.
3. Mr. Patel, learned counsel for the petitioner submits that the petitioner defaulted in appearance on 28th March, 2024, as a result of which, learned Court below issued NBWA, whereafter, he was arrested and he is in custody from 22nd November, 2024. It is further submitted that in view of the length of custody and since the petitioner was earlier on bail, he should be allowed to go on bail, which is objected by Mr. Sahoo, learned AGA for the State.
4. Considering the fact that the petitioner was granted bail, however, at the time of trial, he failed to turn up and the fact that p. 2 he is in custody since November, 2024 and for the alleged default he has been sufficiently penalized, this Court is inclined to release the petitioner on bail subject to following conditions.
5. Hence, it is ordered.
6. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with S.T. Case No.03 of 2014 corresponding to Kolabira P.S. Case No.28 of 2013 subject to him furnishing a bail bond of Rs.30,000/-(Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Jharsuguda, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not default in future till the time of trial is concluded.
7. BLAPL stands disposed of.
8. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge
Alok Designation: Asst. Registrar-Cum-Senior Secretary