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Orissa High CourtABLAPL/7196/2022disposed off

Sujit Biswal v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7196 of 2022 Sujit Biswal & Others ....

Petitioners Mr. Suryakanta Dwibedi, Advocate -versusState of Odisha ....

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

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 Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/294/323/324/307/506/34, I.P.C.

4.

Learned counsel for the Petitioners submits that the injuries sustained by the injured are simple in nature. He further submits that the Petitioners do not have any criminal antecedent of similar nature. 5.

Considering the seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Parjanga in G.R. Case No.99 of 2022 corresponding to

// 2 // Parjanga P.S. Case No.104 of 2022 within a period of three weeks from today, they 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 verification of criminal antecedents against the Petitioners. If it is found that there is more than one criminal antecedent of similar nature against the Petitioners, then this bail order shall automatically stand revoked. 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