Suresh Kumar Sharma v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2320 of 2022

1. Suresh Kumar Sharma

2. Ashish Pandey

3. Ashis Ranjan Mohanty

4. Sujit Kumar Pradhan

5. Susanta Mishra

6. Bidyadhar Nayak Petitioners ....

Mr. P.Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 Industrial P.S. Nisa Case No.13 of 2016 corresponding to G.R. Case No. 101 of 2016 pending in the Court of learned J.M.F.C., Banarpal for commission of alleged offences under sections 506, 341, 147, 452, 427, 201 and 149 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail

// 2 // application.

Learned counsel for the petitioners submitted that the case arises out of a complaint petition and initially though the case was registered, inter alia, for commission of offence under section 307 of the Indian Penal Code, but charge sheet was submitted on 15.01.2022 for the offences under sections 147, 452, 341, 506, 427, 201 read with section 149 of the Indian Penal Code and it is reflected in the charge sheet that the punishment for the offences is less than seven years and the charge sheet was filed after obtaining orders from the Superintendent of Police, Angul showing the accused persons as 'not arrested'.

In view of such observation made in the charge sheet, as annexed to the anticipatory bail application, there is no apprehension of arrest of any of the petitioners. Accordingly, the ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo