Sanjaya Kumar Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.955 of 2022 Sanjaya Kumar Panda and another ....

Petitioners Mr. S.C. Acharya, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.857 of 2021, arising out of ICC No.112 of 2021 pending in the court of learned J.M.F.C., Chandbali for commission of offence punishable under Sections 294/120-B/420/406/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the present dispute arose out of business transaction between the parties and further referring to Annexure-4, the agreement between the informant and the petitioner. It is further submitted by learned counsel for the petitioner that as per agreement, the period of

// 2 // agreement was one year and in the meantime, agreement period has been expired. However, the informant insisting for supply of money remaining settlement of dispute between the paties. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu