Tapan Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 3788 OF 2022 Tapan Mandal & Another .........

Petitioners Mr. A.K. Sahoo, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

17.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are seeing pre-arrest bail in connection with G.R. Case No. 473 of 2022, arising out of Jamboo Marine P.S. Case No. 41 of 2022 pending in the Court of learned S.D.J.M., Kendrapara for the alleged commission of offence punishable under Sections 307/323/506/379 & 34 of the I.P.C. 4.

Taking into account the specific overt act attributed to the petitioner no.1-Tapan Mandal, this Court is not inclined to exercise its jurisdiction under Section 438 Cr.P.C. vis-vis- the said

petitioner. The ABLAPL accordingly stands dismissed qua the Petitioner No.1-Tapan Mandal.

5.

Taking into account the nature of allegation and the role ascribed to the petitioner no.2-Tapas Mandal, this Court directs that on surrendering within three weeks hence, the petitioner no.2 shall be released on bail. The Learned Court in seisin over the matter to fix the terms and conditions as deemed just and proper.

6.

Accordingly, the ABLAPL stands disposed of.

7.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Balaram Judge