Ashok Puri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7162 of 2022 Ashok Puri and another ....

Petitioners Mr. D. Panigrahi, Advocate -versusState of Odisha ....

Opposite Party Mrs. S. Pattanaik, A.G.A.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

15.07.2022 Order No.

01.

1. The Petitioners have prayed to release them under Section 438, Cr.P.C. in connection with Satyabadi P.S. Case No.116/2022 corresponding to G.R. Case No.844/ 2022 pending in the court of learned S.D.J.M., Puri for alleged commission of offences under Sections 341/294/354/506/436/34, I.P.C.

2. Heard Mr. D. Panigrahi, learned counsel for the Petitioners as well as Mrs. S. Pattanaik, learned Additional Government Advocate for the State-Opposite Party.

3. It is submitted on behalf of the Petitioners that case and counter case have been lodged against each other by the parties.

4. Upon hearing Mrs. S. Pattanaik, learned Additional Government Advocate for the State-Opposite Party and upon perusal of the case diary as produced by her, it reveals that in course of investigation, some burnt bamboo and straw were

seized which prima facie satisfies the offence under Section 436, I.P.C. Thus considering the severity of punishment prescribed for that offence, I am not inclined to release the Petitioners on anticipatory bail. Accordingly, the prayer for bail is rejected.

5. The ABLAPL is dismissed.

6. However, as prayed by the Petitioners, they are at liberty to move before the concerned court and seek for bail. ( B.P. Routray) Judge B.K. Barik