Jatindra Mahakud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.837 of 2022

1. Jatindra Mahakud

2. Khulana Mahakud ....

Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

03.02.2022 01.

This matter is taken up by video conferencing mode.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Jashipur P.S. Case No.298 of 2021 corresponding to C.T. Case No.114 of 2021 pending in the Court of learned J.M.F.C., Jashipur for alleged commission of offences under sections 294/307/506/ 323/341/34 of the Indian Penal Code.

Perused the F.I.R..

// 2 // Considering the submission made by the learned counsel for the petitioners that the case arises out of a complaint petition which was sent to the Inspector-in-charge of Jashipur police station under section 156(3) of Cr.P.C. whereafter, the P.S. case was registered and due to previous dispute between the parties, the case has been foisted and there are no such materials to attract the ingredients of offence under section 307 of the Indian Penal Code and after hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) each with one surety each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they 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

// 3 // entail cancellation of bail.

The ABLAPL is accordingly 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. P ( S.K. Sahoo) Judge