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Orissa High CourtABLAPL/356/2022disposed off

L. Mohan Das v. State Of Odisha

2022-02-01Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.356 of 2022

1. L.Mohan Das

2. Mahanta Chinmayananda Maharaj @ Mahanta Chinmayananda Das ....

Petitioners Mr.Umakanta Barik, Advocate -versusState of Odisha ....

Opp. Party Mr.G.N. Rout Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

01.02.2022 01.

This matter is taken up through video conferencing.

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Baidyanathpur P.S. Case No.298 of 2021 corresponding to G.R. Case No.1910 of 2021 pending in the Court of learned S.D.J.M., Berhampur for commission of the alleged offences punishable under sections 147, 148, 152, 153, 332, 333, 325, 431, 506/149 of the Indian Penal Code, section 3 of

// 2 // the Prevention of Damage to Public Property Act 1984 and section 7 of the Criminal Law (Amendment) Act 2013.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that the petitioners belong to a particular political party and they were raising slogans for dismissal of one of the Ministers of the State in Home Affairs and the allegations are omnibus in nature and the case has been fabricated and therefore, the anticipatory bail application may be favourably considered. Learned counsel for the State, on the other hand, submitted that it is an attack on public servants on duty and some of the public servants have sustained injuries and they have been hospitalized in M.K.C.G. Medical College and Hospital, Berhampur.

Considering the submissions made by the learned counsel for the respective parties and the nature of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move for bail in the Court below within a period of four weeks, the same shall be disposed of by the learned Courts below in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application.

// 3 // The ABLAPL stands disposed of.

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 PKSahoo