Deepak Kumar Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2943 of 2022

1. Deepak Kumar Panda

2. Rama Krishna Mohanty ....

Petitioners Mr.M.K. Chand, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

04.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State on instruction submitted that the notice on the informant is made sufficient.

None appears for the informant.

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 Hinjili P.S. Case No.90 of 2022 corresponding to G.R. Case No.17 of 2022 (SC & ST) pending in the Court of learned Addl. Sessions Judge -cumSpecial Judge, Chatrapur for alleged

// 2 // commission of offences under sections 341, 323, 294/34 of the Indian Penal Code and sections 3(1)(r), 3(1)(s) and 3(2)(va) of S.C. & S.T. (PoA) Act. Considering the submissions made by the learned counsel for the petitioners that the accusations against the petitioners are omnibus in nature, the ingredients of the offence under section 3 of the S.C. & S.T. (PoA) Act are not attracted and section 18 is not a bar for entertaining the application under section 438 of Cr.P.C. and on hearing the learned counsel for the State, who submitted that the petitioners have got no criminal antecedents and the fact that the petitioners have been granted interim protection as per order dated 19.04.2022 and there is no material that they have misutilized their liberty, the interim order dated 19.04.2022 is made absolute. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo