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Orissa High CourtABLAPL/5386/2021disposed off

Susanta Palei @ Sushant Kumar Palei v. State Of Odisha

2022-05-11Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5386 of 2021

1. Susanta Palei @ Sushant Kumar Palei

2. Binod Palei

3. Gini Palei

4. Lili @ susmita Palei ....

Petitionesr Mr. R.R. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioners submitted that the name of petitioner no.3 is Bini Palei but inadvertently, in the cause title, it has been reflected as Gini Palei.

In view of such submission the name of petitioner no.3 be read as Bini Palei instead of Gini Palei.

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

This is an application under section 438 of

// 2 // Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Baideswar P.S. Case No. 31 of 2021 corresponding to G.R. Case No.121 of 2021 pending in the Court of learned S.D.J.M., Banki for the commission of the alleged offences punishable under sections 147, 148, 323, 326, 307, 149 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State has produced the discharge certificate of the injured Dhanurdhar Palei which indicates that the injured was hospitalized on 10.04.2021 and he was discharged on 23.04.2021. In view of the nature of accusation and the nature of injuries sustained by the injured and the instruction received by the learned counsel for the State, while not inclining to grant anticipatory bail to the petitioners, liberty is granted to the petitioners to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law and claim of parity with the co-accused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned

// 3 // The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge p