Srikanta Pandey v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4159 OF 2022 Srikanta Pandey & Another .........

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

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

18.05.2022 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 seeking pre-arrest bail in connection with C.T. Case No. 91 of 2022, arising out of Balichandrapur P.S. Case No. 29 of 2022 pending in the Court of learned J.M.F.C., Chandikhole for the alleged commission of offence punishable under Sections 341/294/323/506/34 of the I.P.C. 4.

Learned counsel for the State on the basis of the recitals of the Case Diary submits that Petitioner No.1-Srikanta Pandey is a history sheeter, this Court is not inclined to exercise its

jurisdiction under Section 438 Cr.P.C. qua petitioner no.1Srikanta Pandey. 5.

The ABLAPL in respect of Petitioner No.1 stands rejected.

6.

Taking into account the nature of allegation vis-à-vis the Petitioner No.2- Basanta Raj Samal, 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. 7.

Accordingly, the ABLAPL stands disposed of.

8.

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

( V.Narasingh ) Balaram Judge