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Orissa High CourtABLAPL/3027/2022disposed off

Sabitri Parida@ Sabi v. State Of Odisha

2022-04-26Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3027 of 2022

1. Sabitri Parida @ Sabi

2. Sumitra Parida @ Jhati

3. Subash Parida @ Tunia

4. Khirod Parida

5. Debakanta Parida ....

Petitioners Mr.A. Pattnaik, Advocate -versusState of Odisha ....

Opp. Party Mr.A. Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

26.04.2022 01.

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 Pattamundai P.S. Case No.103 of 2022 corresponding to G.R. Case No.103 of 2022 pending before the learned J.M.F.C., Pattamundai for

// 2 // commission of alleged offences under sections 342, 323, 324, 325, 307, 379, 34 of the Indian Penal Code. In view of the specific overt act attributed against petitioner no.4 Khirod Parida, while not inclining to grant anticipatory bail to him, it is observed that in the event petitioner no.4 surrenders in the learned Court below and moves for bail, the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application.

So far as petitioner nos.1 Sabitri Parida @ Sabi and petitioner no.2 Sumitra Parida are ladies and petitioner no.3 Subash Parida @ Tunia and petitioner no.5 Debakanta Parida are concerned, taking into account the nature of accusation and absence of any specific overt act against them, I am inclined to release petitioner nos.1, 2, 3 and 5 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner nos.1, 2, 3 and 5 in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they shall not

// 3 // directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer. Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P