Purna Chandra Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2584 of 2021 Purna Chandra Sahoo ....

Petitioner Mr.S. Ray, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

15.02.2022 04.

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 Kanas P.S. Case No.03 of 2020 corresponding to G.R. Case No.96 of 2020 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under section 406, 420/34 of the Indian Penal Code.

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

Learned counsel for the petitioner submitted

// 2 // that the F.I.R. was not lodged against the petitioner, but after the arrest of the co-accused persons and on the basis of their confessional statements before the police, the petitioner has been entangled in the case and the nature of accusation against the petitioner may at best make out a case under section 411 of the Indian Penal Code and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State after going through the case records does not dispute that the accusation against the petitioner is that he is the receiver of the stolen property.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and since the offences alleged are triable by Magistrate, the interim order dated 18.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo