Sibaji Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7964 of 2022 Sibaji Mandal & Others ....

Petitioners Mr. Parsuram Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

25.07.2022 Order No.

01.

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 offences punishable under Sections 363/294/506/34, I.P.C.

4.

Considering the nature of allegation, gravity of the offence and the facts of the case, though I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender before the learned J.M.F.C., Basudevpur in G.R. Case No.523 of 2022 corresponding to Naikanidihi P.S. Case No.144 of 2021 within a period of three weeks from today, the Petitioners 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. However, this order is

// 2 // confined only to the alleged offences under Sections 363/294/506/34, I.P.C. In the event it is found that higher offences are added to the charge-sheet, then this order shall not be given effect to, and it is open for the learned court in seisin over the matter to deal with the matter against the Petitioners in accordance with law. 5.

The ABLAPL is disposed of accordingly.

6.

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