(1.) This matter is taken up by virtual/physical mode.
(2.) Mr. Partha Sarathi Nayak, learned Counsel for the petitioner and Mr. Karunakar Gaya, learned Additional Standing Counsel appearing for the State are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsels for the parties and the order is passed accordingly as follows:-
(3.) Having considered the matter in the aforesaid perspective and guided by the precedents cited hereinabove, this Court sets aside the order dtd. 28/1/2021 passed by learned Sessions Judge, Balasore in Criminal Revision No.02 of 2021 arising out of order dtd. 16/12/2020 passed by learned J.M.F.C. (R), Balasore in Misc. Case No.139 of 2020 arising out of 2(a) CC No.135 of 2020 and allows the prayer of the petitioner on the following conditions: