Satrughan Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7424 of 2022 Satrughan Mallick ....

Petitioner Mr. Braja Mohan Sarangi, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

25.08.2022 Order No.

04.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by learned counsel for the Petitioner that the petitioner is a senior citizen of 65 years old and a retired employee of the State Legislative Assembly. He further submits that the Petitioner is being harassed by the police unnecessarily without any F.I.R. lodged against him.

5.

Learned counsel for the State on the other hand, on instruction, submits that a case has already been registered at Airfield P.S. bearing No.293 of 2021. He further submits that charge-sheet in the case has already been filed. In such view of the matter,

// 2 // appearance of the Petitioner at the P.S. is not required, but he has to face the trial now.

6.

Considering the aforesaid submissions of the parties, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bhubaneswar in connection with Airfield P.S. Case No.293 of 2021 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.

While imposing conditions for bail, learned Magistrate shall also impose the following further conditions - (i) That, the Petitioner shall appear before the learned trial court on each date fixed for trial, without fail, till conclusion of the trial. 7.

The ABLAPL is disposed of accordingly.

8.

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