Hemalata Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2401 of 2022

1. Hemalata Bhoi

2. Janabi Majhi ....

Petitioners Mr. J.N. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.04.2022 02.

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 M.Rampur P.S. Case No.11 of 2022 corresponding to C.T. Case No.23 of 2022 pending in the Court of learned J.M.F.C., M. Rampur for alleged commission of offences under sections 341/294/ 323/353/307/506/34 of the Indian Penal Code.

It appears that the petitioners along with another approached this Court for grant of anticipatory bail earlier in ABLAPL No. 850 of 2022,

// 2 // which has been disposed of as per order dated 03.02.2022 granting liberty to them to surrender before the learned Court below and move for bail within a period of four weeks, which is to be disposed of in accordance with law.

Learned counsel for the petitioners submitted that the two petitioners are ladies and therefore, their anticipatory bail application may be reconsidered. Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the nature of accusation against the petitioners, while not inclining to reconsider the prayer for anticipatory bail, it is observed that in terms of the order dated 03.02.2022 passed in ABLAPL No. 850 of 2022 if the petitioners surrender on or before 20.05.2022 and move an application for bail, the learned Courts below shall dispose of the same in accordance with law. The case records shall be made available to the Courts concerned for disposal of the bail application. The learned Courts below while adjudicating the bail application of the petitioners shall keep in view the proviso to section 437(1) of Cr.P.C. The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

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