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Orissa High CourtABLAPL/6924/2022disposed off

Mohammad Sahil v. State Of Odisha

2022-08-24Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6924 of 2022 Mohammad Sahil ....

Petitioner Mr. Ranjan Kumar Rout, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

Mr. A.K. Mohanty, Adv. (for Informant)

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.08.2022 Order No.

03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State and learned counsel for the Informant. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419/420/406/34, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that, he has instruction that the Petitioner has received a total sum of Rs.1,31,000/- from the son of the Informant. He further submits that, if given an opportunity, the Petitioner is ready and willing to deposit the entire amount in the court below.

5.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the

// 2 // event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bhubaneswar in C.T. Case No.5943 of 2019 corresponding to Air Field P.S. Case No.222 of 2019 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the Petitioner depositing a sum of Rs.1,31,000/- (Rupees One lakh Thirty-one Thousand) before the learned court below in an interest bearing account of any Nationalized Bank, which shall be subject to the final judgment to be passed by the learned trial court in this case. 6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida