Saroj Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1192 of 2022 Saroj Bag ....

Petitioner Mr.S. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Padampur P.S. Case No.306 of 2021 corresponding to Special G.R. Case No.107 of 2021 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Padampur for commission of the alleged offences punishable under sections 147, 148, 341, 294, 323, 324, 325, 326, 354, 307, 506/149 of the Indian Penal Code and sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the S.C. & S.T. (PoA) Act and sections 25 and 27 of the Arms Act.

// 2 // Learned counsel for the petitioner submitted that the injuries sustained by the injured persons are simple in nature and therefore, the ingredients of the offence under section 307 of the Indian Penal Code are not made out and therefore, the anticipatory bail application may be favourably considered. Learned counsel for the State, on the other hand, has opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves for bail in the Court below within a period of four weeks from today the same shall be disposed of by the learned Court below in accordance with law. The case records shall be made available to the Court concerned for disposal of the bail application. If prior intimation is given to the learned Special Public Prosecutor relating to the date of surrender of the petitioner in advance along with an affidavit and a copy of this order, the same shall be intimated to the informant through the Inspector in-charge of the concerned police station.

The ABLAPL stands disposed of.

Issue urgent certified copy as per rules.

( S.K. Sahoo) Judge PKSahoo