K.Trinath Patra v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.826 of 2016 K. Trinath Patra ....

Petitioner Mr. D. Samantray, Advocate -versusState of Odisha ....

Opp. Party Mr. S.R. Roul, A.S.C

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

01.11.2022 07.

1.

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

2.

In the course of hearing of this application, learned counsel for the Petitioner submits that this CRLMC may be disposed of with liberty to the Petitioner to surrender before the Court in seisin of the case and to move for his release on bail, and in that event, the Petitioner may kindly be released on bail in view of the fact that most of the co-accused persons have already been acquitted in a trial in this case.

3.

Learned counsel for the State is present and and opposes such prayer of the Petitioner. It appears that the Petitioner has filed this CRLMC challenging the order passed by learned J.M.F.C., Khallikote issuing N.B.W against the Petitioner and this Court by an order passed on 11.05.2016 has directed that no coercive action shall be taken against the Petitioner in this case. 4.

In view of the limited prayer advanced on behalf of the Petitioner and taking into consideration the averments made in this CRLMC application and the submissions that other co-accused persons have been acquitted in a trial in the original case, it is

// 2 // directed that in the event the Petitioner surrenders within four weeks hence and makes a motion for bail, the learned J.M.F.C., Khallikote shall pass order in accordance with law by taking into consideration the acquittal of co-accused persons in original case. 5.

This CRLMC is accordingly disposed of.

Priyajit ( G. Satapathy) Judge