Faizal Hassan @ Chini Babu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5453 of 2022 Faizal Hassan @ Chini Babu and others ....

Petitioners Mr. B.K. Ragada, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

10.06.2022 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 G.R. Case No.1733 of 2022 arising out Dhanupali P.S. Case No.141 of 2022 pending in the Court of learned S.D.J.M., Sambalpur for commission of offence punishable under Sections 147/148/341/323/325/307/506/149 of the IPC read with Sections 25/27 of Arms Act.

4.

Taking into account the role ascribed to the Petitioner Nos.1 and 2 and criminal proclivity of Petitioner No.1, this Court is not inclined to entertain their application so far as Petitioner Nos.1

and 2 under Section 438 Cr.P.C. The same accordingly stands rejected.

5.

Taking into account the nature of allegations and the submissions made by both the parties, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.3 to 17 shall be released on bail. The learned Court in seisin to fix the terms.

6.

Additionally, it is directed that the petitioners shall appear before the jurisdictional Police Station once in every two weeks till the submission of final form. First date of such appearance to be fixed by the learned Court in seisin of the matter. 7.

In the event, if there any default in appearance before the Police Station as directed, this order shall stand recalled and is shall open to the learned Court in seisin of the matter to take steps in accordance with law for taking the petitioners into custody. 8.

Accordingly, the ABLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Vacation Judge Santoshi