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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8155 of 2021

Sunil Kumar Munda

&.

Petitioner

Mr.N.K. Sahu, Advocate

-versus-

State of Odisha

&.

Opp. Party

Mr. D.R. Parida, Addl. Standing Counsel

CORAM:

JUSTICE R.K. PATTANAIK

Order No.

ORDER

11.11.2021

02.

1.

Heard learned counsel for the petitioner and learned

counsel for the State.

2.

This is an application under Section 439 Cr.P.C. for grant

of bail to the petitioner in connection with RCC No.73 of 2009

registered under Section(s) 307/326 IPC pending in the court of

learned J.M.F.C. 3, Court No.1, Jalgaon, Maharastra on the

grounds stated therein.

3.

Perused the impugned order dated 02.09.2021.

4.

From the impugned order dated 2.9.2021, it is made to

appear that the warrant of arrest was issued by the court of learned

J.M.F.C. 3, Court No.1, Jalgaon, Maharastra which was executed

and the petitioner was arrested and produced before the court of

Rairakhol on 23.8.2021, where after, his bail on being rejected,

remanded to the judicial custody.

5.

Learned counsel for the petitioner submits that there is no

compliance of Section 81 Cr.P.C., inasmuch as, the warrant of arrest

which was executed outside the jurisdiction of the court was

accompanied with the relevant documents which would have been

considered by the court below while dealing with bail and

therefore, on such ground, he should be released on bail.

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6.

Learned counsel for the State by referring to the impugned

order dated 2.9.2021 contends that already the court at Jalgaon,

Maharastra has been informed to send escort party to shift the

petitioner from Sub-jail, Rairakhol. The offences alleged against the

petitioner are punishable under Section(s) 307/326 IPC. A decision

of this Court in Hrusikesh Swain and another Vrs. State of Orissa

reported in 1996 (4) Crimes 478 is referred to by the learned

counsel for the petitioner, while contending that due to such non-

compliance, the accused deserves to be granted bail with any

condition.

7.

Learned counsel for the State does not dispute regarding

absence of materials along with warrant of arrest, which is claimed

by the other side.

8.

Having regard to the above facts and the fact that the

petitioner is in judicial custody since 24.8.2021 and not yet shifted

to the court concerned in Maharastra, the Court is of the

considered view that he should be released on transit bail with

conditions in order to facilitate him to appear before the court

before which the case is pending and to move regular bail.

9.

Accordingly, it is directed that the petitioner to be released

on transit bail for a period of one month on 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 Court below in

seisin over the matter with conditions that he shall appear before

the court of learned J.M.F.C. 3, Court No.1, Jalgaon, Maharastra

within the aforesaid period and to move regular bail for

consideration of the same on its own merit.

10.

The BLAPL is accordingly disposed of.

11.

An urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik)

kcbisoi Judge