Nanda Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2301 of 2022 Nanda Gouda & Others ....

Petitioners Mr. Satyabrata Mohanty, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S.Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

02.09.2022 01.

1.

Heard learned counsel for the petitioners and learned counsel Order No.

for the State.

2.

Present petition under Section 482 Cr.P.C. is filed by the petitioners for an order to release them on bail on any terms and conditions and also to quash Annexure-2 & 3 passed by the learned SDJM, Koraput in G.R. Case No. 290 of 2017 corresponding to Damanjodi P.S. Case No. 19 of 2017 on the grounds stated therein. 3.

Perused copy of the cognizance order i.e. Annexure-2, whereby, the learned court has taken cognizance of the offences under Sections 447/307/34 IPC.

4.

Learned counsel for the petitioners submits that the learned court below has directed appearance of the petitioners. It is further submitted that in the facts and circumstances of the case, the

petitioners should be directed to appear and released on bail. The Court finds that the learned court below has in fact summoned the petitioners and fixed the case to 22nd September, 2022 for their appearance and in any case, no warrant of arrest has been issued. 5.

Having regard to the above facts, the Court is of the view that the petitioners should be allowed to appear in response to the summons and then directed to go on bail which would serve the purpose.

6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioners to surrender before the learned court of S.D.J.M., Koraput on or before 27th September, 2022 in connection with G.R. Case No. 290 of 2017 arising out of Damanjodi P.S. Case No. 19 of 2017 and in the event of their surrender, the court shall release them on bail with conditions.

8.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita