SAROJ MALLIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State submitted that notice on the informant has been made sufficient. None appears for the informant. Heard learned counsel for the appellant and learned counsel for the State. This is an appeal under Sec. 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. (Special) Case No.26 of 2023 arising out of Bargarh P.S. Case No.166 of 2023 pending in the Court of learned Sessions Judge -cum- Special Judge, Bargarh for offences punishable under Sec. 147/148/323/341/326/307/294/506/120-B/149 of the Indian Penal Code, Sec. 25/27 of the Arms Act and Sec. 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act.

(2.) The appellant moved an application for bail before the Court of learned Sessions Judge, Bargarh which was rejected on 17/5/2023. Considering the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 12/3/2023 and he has been charge sheeted under Sec. 147/148/323/341/ 326/307/294/506/120-B/149 of the Indian Penal Code, Sec. 25/27 of the Arms Act and Sec. 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act and the injured Jagannath Karna has already been discharged from the hospital and he is quite hale and hearty and no specific overt act has been attributed against the appellant and similarly co-accused persons have been released on bail and copies of the bail orders of the co-accused persons have been filed, which are taken on record and on hearing the learned counsel for the State, I am inclined to release the appellant on bail.

(3.) Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000.00(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to condition that the appellant shall appear before the learned trial Court on each date when the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. The CRLA is accordingly disposed of. Urgent certified copy of this order be granted on proper application.