Charchil Mahakud @ Charchil Kumar Mahakud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1641 of 2022 Charchil Mahakud @ Charchil Kumar Mahakud & another ....

Petitioners Mr. Pitambar Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

08.08.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioners as well as learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 294/341/323/354/506/34, I.P.C. and Section 3(2)(v)(a) of SC & ST (P.A.) Act, 1989. Perused the F.I.R. 4.

It is stated at the Bar that offence under Section 3 of the SC & ST (P.A.) Act is not applicable to the present case. 5.

Considering the seriousness and gravity of the offence as alleged and the facts of the case, although this Court is not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender before the learned Addl.

// 2 // District & Sessions Judge, Champua in Special Case No.14 of 2022 corresponding to Joda P.S. Case No.15 of 2022, within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Addl. District & Sessions Judge, Champua may deem just and proper in the facts and circumstances of the case.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida