Iswar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6712 of 2022 Iswar Sahu ....

Petitioner Mr. Mehes Das, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 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 State.

3.

The petitioner is seeking pre-arrest bail in connection with 2(b) CC No.01 of 2022, arising out of O.R. Case No.01 of 2022-23 pending in the Court of learned J.M.F.C., Daringbadi for the alleged commission of offence punishable under Sections 9/39/44/49/49(B) of the Wild life Protection Act, 1972 and punishable under Section 51 of the said Act.

4.

Learned counsel for the Petitioner submits that the basis of implication is co-accused statement namely one Bipin Nayak. It is submitted that in the meanwhile, said Bipin Nayak has already been released on bail. It is further submitted by learned counsel for the petitioner that on similar footing with the present petitioner, another co-accused has already been on bail by this Court by order dated 24.05.2022 in ABLAPL No.4836 of 2022.

// 2 // 5.

Considering the submissions made, it is directed that on surrendering within three weeks hence and moving for bail, the petitioner 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.

It is submitted by the learned counsel for the petitioner that the petitioner has no criminal proclivity. While enlarging the petitioner on bail, the learned Court below shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedents, this order shall stand recalled automatically without any further reference to this Court.

7.

Accordingly, the ABLAPL stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu