Laxmidhar Malik v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3754 of 2022 Laxdmidhar Malik ....

Petitioner Mr. Basanta Kumar Das, Advocate -versusState of Odisha ....

Opposite Party Mr.Udit Ranjan Jena, A.S.C (Railways).

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

23.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Counsel for the Railway Department.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence under Sections 160(ii) and 147 of the Railway Act.

4.

Considering the seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Soro in 2(c) CC No.02 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the condition that

// 2 // he shall not indulge in committing similar nature of offence again, while on bail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida