Indramani Behera v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.361 of 2010 Indramani Behera & others .... Petitioners Mr. Bishnu Prasad Pradhan, Advocate -versusState of Odisha ....

Opposite Party Mr. Debasis Biswal, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

31.10.2022 07.

1. Heard learned counsel for the Petitioners and the State.

2. Mr. B.P. Pradhan, learned counsel for the Petitioners, while submitting on the matter and giving brief history of the case, submits that in the meanwhile charge-sheet has already been submitted in the case and by virtue of the order of this Court, interim protection was granted to the Petitioners till submission of charge-sheet.

3. However, having regard to the dictum of Hon'ble Supreme Court in the case of Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, and keeping in view the circumstances of the case, there is no impediment for this court in directing the Petitioners to surrender before the Court below in seisin over the matter and release on bail. Accordingly, it is directed that, in the event the Petitioners surrender and move for bail before the learned

// 2 // J.M.F.C., Khandapara in G.R. Case No.176 of 2009 arising out of Khandapara P.S. Case No.82 of 2009, within three weeks from today, they shall be allowed to go on bail by the learned court in seisin over the matter on such terms and conditions as would be deemed just and proper in the facts and circumstances of the case, and the learned court in seisin over the matter shall proceed further in the case for its final disposal in accordance with law.

4. The CRLREV is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida