Orissa High CourtABLAPL/551/2020disposed off

Prabhakar Das v. State Of Odisha

2022-01-11Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.551 of 2020 Prabhakar Das ....

Petitioner Mr. B.R. Swain, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

11.01.2022 03.

Order No.

This matter is taken up by video conferencing mode. 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.870 of 2019 arising out of Biridi P.S. Case No.91 of 2021 pending in the Court of learned S.D.J.M., Jagatsinghpur for alleged commission of offences under sections 498-A/304-B/ 302/34 of the Indian Penal Code read with section 4 of the D.P. Act.

Perused the F.I.R.

Learned counsel for the petitioner submitted that the petitioner is the father-in-law of the deceased and at the time of submission of charge sheet, the offence under section 302 of the Indian Penal Code has been deleted and charge sheet has been submitted under section 306 of the

// 2 // Indian Penal Code and therefore, the anticipatory bail application of the petitioner may be favourably considered. Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of the accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, I direct that in the event the petitioner surrenders in the Court below within a period of two weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible in accordance with law. The case records shall be made available to the Court concerned.

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 RKM