Pratap Sethi @ Papu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1834 of 2022 Pratap Sethi @ Papu ....

Petitioner Mr. S.J. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Mancheswar P.S. Case No.10 of 2022 corresponding to C.T. Case No.222 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 341/ 294/323/384/506/354/34 of the Indian Penal Code. Learned counsel for the State submitted that he has no instruction in the matter.

// 2 // It appears that the case was first taken up on 08.03.2022 and the learned counsel for the State sought for time to obtain instruction on the criminal antecedent, if any, against the petitioner. Again the matter was listed on 16.03.2022 and on the prayer of the learned counsel for the State, the case was adjourned. Therefore, I am not inclined to grant any further adjournment to the learned counsel for the State.

Considering the submissions made by the learned counsel for the petitioner that the offences are triable by Magistrate and taking into account the nature of accusation against the petitioner and the fact that the petitioner has been granted interim protection as per order dated 16.03.2022 and there is no material that he has misutilized his liberty, the interim order dated 16.03.2022 is made absolute. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo