BIDHU BISOYI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the records.

(2.) The Petitioner Nos. 1 and 2 in CRLMA No. 152 of 2010 pray for setting aside/modification of the conditions imposed in the common bail order dated 16.08.2010 passed by the learned Special Judge (Vigilance)-cum-Additional Sessions Judge, Berhampur in Bail Application Nos. 282 of 2010 and 281 of 2010. Similarly, Petitioners in CRLMA No. 155 of 2010 pray for setting aside/modification of the conditions imposed in the bail order dated 07.09.2010 passed by the learned Special Judge (Vigilance)-cum-Additional Sessions Judge, Berhampur in Bail Application No. 307 of 2010 of his Court. Since the bail orders passed by the lower Court in all the bail applications arise out of G.R. Case No. 3 of 2010 of the Court of learned S.D.J.M., Berhampur and the conditions imposed by the lower Court in the bail orders are exactly identical for all the Petitioners in the bail applications, both the CRLMAs are heard together and disposed of by this common order.

(3.) The Petitioners along with others including one Ramesh Jena, who is a sitting M.L.A., are implicated as accused persons in G.R. Case No. 3 of 2010 of the Court of learned S.D.J.M., Berhampur, arising out of Gosani Nuagaon P.S. Case No. 1 of 2010 for alleged commission of offences under Sections 120B/212/302/34 of the I.P.C. and Sections 25(1-B)(a) and 27 of the Arms Act. It is to be noted that while the Petitioners were in custody, co-accused-Ramesh Jena filed BLAPL No. 12462 of 2010 in this Court under Section 439, Code of Criminal Procedure for his release on bail in the aforesaid G.R. Case. The said bail application was disposed of by order dated 30.07.2010 and co-accused-Ramesh Jena was directed to be released on bail on certain terms and conditions which are extracted hereunder: