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Orissa High CourtABLAPL/313/2022allowed

Abdul Jalil v. State Of Odisha

2022-01-31Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.313 of 2022 Abdul Jalil ....

Petitioner Mr. S.K. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

31.01.2022 01.

Order No.

This matter is taken up by video conferencing mode.

Learned counsel for the petitioner submitted that inadvertently in the cause title, it is mentioned as the case is pending in the Court of learned J.M.F.C.(City) but in fact, the case is pending in the Court of learned S.D.J.M. (Sadar), Cuttack.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1606 of 2021 arising out of Lalbag P.S. Case No.326 of 2021 pending in the Court of learned S.D.J.M. (Sadar), Cuttack for alleged

// 2 // commission of offences under sections 341/323/294/506 of the Indian Penal Code.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that the petitioner is the grandson of the informant and due to property dispute between the parties, the case has been foisted and the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

// 3 // Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM