Purna Chandra Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1850 of 2021

1. Purna Chandra Barik

2. Sumanta Barik

3. Benudhar Barik

4. Sauri Charan Barik ....

Petitioners Mr.Manas Chand, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

09.03.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical 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 Khurda P.S. Case No.49 of 2021 corresponding to G.R. Case No.125 of 2021 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offences under sections 341/323/325/ 307/294/34 of the Indian Penal Code.

Learned counsel for the State on instruction submitted that in the meantime, on completion of

// 2 // investigation, charge sheet has been submitted under sections 341/323/325/307/294/34 of the Indian Penal Code and four persons were sent for medical examination on police requisition and it was found that all the four persons, namely, Sushant Kumar Sahoo, Subash Chandra Sahoo, Santosh Kumar Sahoo and Surendra Sahoo have sustained simple injuries. Considering the submissions made by the learned counsel for the petitioners that there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and the fact that the petitioners were granted interim protection since 15.03.2021 and there is no material that they have misutilized the terms and conditions of the interim order, the interim order dated 15.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge RKM