Orissa High Court Modifies Additional Condition Imposed By Lower Court While Granting Bail To MLA Prasanta Jagadev In Road Rage Case
The Orissa High Court has modified an additional condition imposed by the Court of a Judicial Magistrate First Class (JMFC) after the Supreme Court granted bail to Chillika MLA Prasanta Kumar Jagadev in a road rage case, where he is accused of ramming over his four-wheeler over a crowd during panchayat elections.In May 2022, a Single Judge Bench of the High Court had denied him bail...
The Orissa High Court has modified an additional condition imposed by the Court of a Judicial Magistrate First Class (JMFC) after the Supreme Court granted bail to Chillika MLA Prasanta Kumar Jagadev in a road rage case, where he is accused of ramming over his four-wheeler over a crowd during panchayat elections.
In May 2022, a Single Judge Bench of the High Court had denied him bail observing, “As it reveals, while giving threat to run the vehicle over the protestors, he drove the vehicle into the crowd that too using the registration number of a different vehicle. Such indulgence and overt act can never be treated as becoming of a public representative.”
In July last year, a Division Bench of the Supreme Court granted him bail while imposing a number of conditions such as he was restrained from addressing any public rally for a year and he was asked to refrain from visiting his constituency for a year without taking permission from the District Collector.
The Apex Court had clarified that the Trial Court will be at liberty to impose any additional condition of bail. Accordingly, the JMFC Court imposed another condition that he shall appear-in-person before the Court on each date of posting of the case.
Being aggrieved, he approached the Court of 3rd Additional Sessions Judge, Bhubaneswar seeking modification in such condition, which was declined. Therefore, he knocked the door of the High Court.
It was submitted for the accused-MLA that being a ‘public representative’, he is required to visit different places in connection with his public service and thus, it would be difficult on his part to appear before the Court on each date of posting. However, he undertook to appear whenever necessary.
After hearing the contentions, the Single Judge Bench of Justice Sashikanta Mishra did not find it appropriate to uphold the said additional condition for bail and observed,
“Considering the fact that the Apex Court while allowing bail to the petitioner has granted three specific conditions, this Court finds no reason to impose an additional condition directing the petitioner to appear before the Court on each date of posting of the case.”
Accordingly, it modified the condition and required the petitioner to appear before the Trial Court as and when necessary but not on each and every date of posting.
Case Title: Prasanta Kumar Jagadev v. State of Odisha
Case No.: CRLMA No. 159 of 2023
Order Dated: June 13, 2023
Counsel for the Petitioner: Mr. Manas Chand, Advocate
Counsel for the State: State Counsel