Sara Muduli v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7087 of 2022 Sara Muduli and others ....

Petitioners Mr. S.K. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. A.K. Nanda, A.G.A.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

14.07.2022 Order No.

01.

1. The Petitioners have prayed to release them under Section 438, Cr.P.C. in connection with Dhusuri P.S. Case No.131 of 2022 corresponding to G.R. Case No.266 of 2022 pending in the court of learned J.M.F.C., Dhamnagar for alleged commission of offences under Sections 341/323/294/325/379/307/506/34, I.P.C.

2. Heard Mr. S.K. Tripathy, learned counsel for the Petitioners as well as Mr. A.K. Nanda, learned Additional Government Advocate for the State-Opposite Party.

3. It is submitted on behalf of the Petitioners that they belong to one family and the dispute arose out of fencing of the land. It is further submitted that though sustainance of injury by Sarat Kumar Nayak is there, but the same is not that grievous to make out a case under Section 307, I.P.C.

4. Upon hearing Mr. A.K. Nanda, learned A.G.A. for the StateOpposite Party and considering the nature of injury as well as the

dispute between the parties, it is directed that in the event of arrest of the Petitioners in the aforesaid case, they shall be released on bail on such terms and conditions as the arresting officer may deem just and proper including the condition that, they shall cooperate with the investigation by appearing before the I.O. as and when directed.

5. The ABLAPL is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik