Cuttack – In a recent development, the Orissa High Court has ruled against a lower court order that imposed an additional condition for the release of Chilika MLA Prasanta Kumar Jagadev. The Supreme Court had already set three conditions while granting bail to Jagadev in an attempt to murder case, making the additional condition redundant.
Supreme Court’s Conditions and Additional Condition Imposed
The ruling was made by the vacation court on Tuesday, considering Jagadev’s plea for the waiver of the additional condition. On July 25, 2022, the Supreme Court had ordered Jagadev’s release on three specific conditions. Firstly, he was prohibited from visiting the Chilika constituency without permission from the district collector for a period of one year. Secondly, he was not allowed to address any public rally or political gathering with more than five people during this one-year period. Lastly, he was restrained from directly or indirectly influencing any witnesses related to the case.
However, when the Court of Judicial Magistrate First Class (JMFC) granted Jagadev bail, an additional condition was imposed, requiring him to appear before the court on each date of the case’s posting. Disagreeing with this additional condition, Jagadev filed a petition for its waiver on May 15, arguing that his responsibilities as a public representative necessitated his presence in various locations for public service. He assured the court that he would appear whenever necessary.
During the hearing, the state counsel argued that Jagadev should comply with the court’s order since he was granted bail based on the Supreme Court’s decision. Nonetheless, Vacation Judge Sashikanta Mishra ruled that since the Supreme Court had already set three specific conditions, there was no need for an additional condition requiring Jagadev’s presence on every date of the case’s posting.
The court modified the impugned order, stating, “The petitioner shall appear before the court as and when required by the court.” This decision essentially relieved Jagadev from the obligation to appear on each date of the case’s posting, while still ensuring his presence as deemed necessary by the court.
Background of the Case against Chilika MLA Prasanta Kumar Jagadev
The case against Jagadev originated from an incident on March 12, 2022, during the panchayat elections, when he attempted to enter the Banapur block office despite not having the authorization to do so. It was alleged that he drove his vehicle into a crowd. His bail plea had been previously rejected by the Orissa High Court on May 20, 2022.
With the Orissa High Court’s ruling, Jagadev can now continue his public service responsibilities while adhering to the conditions set by the Supreme Court, ensuring a fair and just legal process in his ongoing case.
