Chitrasen Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9013 of 2022 Chitrasen Malik ....

Petitioner Mr. Bikram Chandra Ghadei, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

03.08.2022 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 Petitioner for anticipatory bail, involving offence punishable under Sections 379/34, I.P.C. read with Sections 34 & 21 of MMDR Act, 1957.

4.

Considering the nature of allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the learned J.M.F.C., Chandikhole in C.T. Case No.1135 of 2022 corresponding to Jenapur P.S. Case No.194 of 2022 within a period of three weeks from today, the Petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and

// 2 // circumstances of the case, but subject to verification of criminal antecedents of the Petitioner. If it is found that there are more than one criminal antecedents of similar nature against the Petitioner, then this bail order shall stand automatically revoked. Further, while imposing conditions for bail, learned Magistrate shall also impose condition that the Petitioner shall not indulge in similar nature of offence, while on bail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

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