Orissa High Court
Maguni Charan Sahoo vs State Of Odisha …. Opposite Party on 10 June, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5065 of 2025
Maguni Charan Sahoo .... Petitioner
Mr. N.K. Sethi, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. Santosh Kumar Brahma, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 10.06.2025 No. 01. 1. Heard learned counsel for the respective parties.
2. Instant petition under Section 439 Cr.P.C. is filed for release
of the petitioner on bail in connection with S.T. Case No.67 of 2021
pending in the file of learned Additional District and Sessions Judge,
Athagarh corresponding to Athagarh P.S. Case No.178 of 2014 on
the grounds stated.
3. Perused the FIR as at Annexure-1. A case under Sections 396
and 307 IPC was registered against the petitioner vide Athagarh P.S.
Case No.178 (20) dated 24th August, 2014.
4. Mr. Sethi, learned counsel for the petitioner submits that the
petitioner was on bail but during the stage of trial, he failed to turn
up, consequent upon which, coercive action was taken with the
issuance of NBWA, later to which, he was arrested and in custody
from 8th April, 2025 and him having adequately penalized for the
alleged default, he should be allowed to go on bail with any
conditions.
Page 1 of 2
5. Recorded the objection of Mr. Brahma, learned ASC for the
State.
6. Perused the rejection order as at Annexure-3. The Court
finds that petitioner was on bail but on account of the default on
16th September, 2023 at the stage of trial, NBWA was issued against
him, subsequent to which, he was apprehended, arrested and
forwarded to the Court below. Of course, due to the absence of the
petitioner, the trial could not progress from the date of default till
recently. But, having regard to the fact that the petitioner has
remained in custody for nearly two months and must have felt the
rigour of law due to the default, the Court is of the view that he
should be allowed to go on bail with stringent conditions.
7. Accordingly, it is ordered.
8. In the result, the petition under Section 439 Cr.P.C. stands
allowed. Consequently, the petitioner is directed to be released on
bail in connection with S.T. Case No.67 of 2021 arising out of
Athagarh P.S. Case No.178 of 2014 subject to him furnishing a bail
bond of Rs.40,000/-(rupees forty thousand) with one solvent surety
for the like amount to the satisfaction of the learned Additional
District and Sessions Judge, Athagarh, who shall impose such other
suitable conditions as deemed just and proper and in the facts and
circumstances of the case besides the following, such as, he shall
remain physically present on each date of posting of the trial till the
same is concluded.
9. The BLAPL is disposed of.
10. Urgent certified copy of this order be granted as per rules.
Signature Not Verified
Digitally Signed (R.K. Pattanaik)
Signed by: THAKURDAS TUDU Vacation Judge
Reason: AuthenticationTUDU
Location: OHC,CTC
Date: 10-Jun-2025 13:29:50 Page 2 of 2