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Orissa High CourtABLAPL/2353/2021allowed

Kalia Kahala v. State Of Odisha

2022-03-16Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2353 of 2021

1. Kalia Kahala

2. Gudu @ Bikram Gochhayat

3. Dipuna @ Bikash Gochhayat

4. Raju Kahala

5. Babuna Gochhayat

6. Gajia Kahala

7. Bidu Kahala ....

Petitioners Mr. B.P. Pradhan, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.03.2022 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 Baseli Sahi P.S. Case No. 29 of 2021 corresponding to G.R. Case No. 510 of 2021 pending before the learned S.D.J.M., Puri for the commission of the alleged offences punishable under sections 447, 341, 427, 354, 307, 506/34 of the Indian

// 2 // Penal Code.

The case was filed on 22.02.2021 and was taken up on 17.03.2021, on which date interim protection was granted to the petitioners and the learned counsel for the State was asked to obtain case diary.

Today, learned counsel for the State submits that he has not received the case diary, even though in the meantime more than one year has already passed.

Considering the submission made by the learned counsel for the petitioners and after going through the F.I.R. annexed to the anticipatory bail application and the fact that the petitioners have been granted interim protection since 17.03.2021 and there is no material that they have misutilized their liberty, the interim order dated 17.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo