Sumanta Kumar Sahoo @ Sum Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11124 of 2022 Sumanta Kumar Sahoo @ Sum Sahoo & others ....

Petitioners Mr.P.C.Jena,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.09.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioners that there exist a civil dispute as a result of which a case under section 144 Cr.P.C. has been registered and going on before the D.C.P., Bhubaneswar. So far as the Petitioners is concerned, it is submitted by the learned counsel for the Petitioners that they are labours hired by one Sangram Keshari Das and Jaminikanta Ghose. 5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the facts 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 before the learned J.M.F.C.(O), Bhubaneswar in G.R.Case No.970 of 2022 arising out of Chandaka P.S.Case no.192 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that while on bail the Petitioners shall not come over the disputed land in question. In the event it is found that they are coming over the disputed land while on bail, then this order shall stand revoked. It is open for the learned court below to proceed against the Petitioners in accordance with law. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS