Suratha Chandra Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10659 of 2022 Suratha Chandra Parida & another ....

Petitioners Mr. C.R. Satapathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.10.2022 Order No.

03.

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 offence punishable under Sections 420/409/34, I.P.C.

4.

Having regard to the facts and circumstances of the case as well as gravity and seriousness of the allegation made and the fact that Petitioner No.1 is working as a teacher and petitioner no.2 is his wife, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C.,(R), Cuttack in G.R. Case No.1372 of 2022 corresponding to Kissannagar P.S. Case No.85 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned

// 2 // Magistrate may deem just and proper in the facts and circumstances of the case.

However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.;

(ii) They shall also appear before the trial court on each and every date fixed for trial, without fail. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

6.

The ABLAPL is disposed of accordingly.

7.

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