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Orissa High CourtABLAPL/10216/2022disposed off

Surjya Narayan Panda v. State Of Odisha

2022-08-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10216 of 2022 Surjya Narayan Panda another ....

Petitioners Mr. T.K. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.08.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.243 of 2022, arising out of Borigumma P.S. Case No.136 of 2022 pending in the court of learned J.M.F.C, Borigumma for commission of offence punishable under Sections 498-A/306/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the petitioners are parents-in-law of the deceased. Further referring to the forwarding report, one Deepak Kumar Panda, who is the principal accused has been arrested and forwarded to the judicial custody. It is further submitted by learned counsel for the petitioners that during investigation, it is found that the deceased committed

// 2 // suicide by hanging herself inside the house in absence of in-laws. However, it is submitted that the investigation of the case is continuing.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that the petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu