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Orissa High CourtABLAPL/11254/2022disposed off

Sankar Swain v. State Of Odisha

2022-09-15Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11254 of 2022 Sankar Swain and others ....

Petitioners Mr. Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. S.Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

15.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State and learned counsel for the Informant. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 143, 341, 323, 294, 447, 448, 506,/149 of the Indian Penal Code.

4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, 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., Ranpur in G.R. Case No.197 of 2022 corresponding to Ranpur P.S. Case No.136 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and

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

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 concerned P.S. once in every fortnight till conclusion of the investigation; (iii) They shall not indulge in any other offence of similar nature in any manner while on bail by virtue of this order; (iv) They shall 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 Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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