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Orissa High CourtABLAPL/11593/2022disposed off

Sumanta Kumar Samal v. State Of Odisha

2022-10-20Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11593 of 2022 Sumanta Kumar Samal & another ....

Petitioners Mrs. Sujata Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

20.10.2022 Order No.

03.

1.

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

2.

Heard learned counsel for the Petitioner 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 in connection with Industrial Nisa P.S. Case No.171 of 2022 corresponding to G.R. Case No.824 of 2022 pending in the court of learned J.M.F.C., Chhendipada, involving offence punishable under Sections 120-B/407, I.P.C. 4.

Considering the reasons and the averments made in the F.I.R. and the role played by the present Petitioners in the alleged occurrence, the Petitioners are directed to surrender before the learned court below and move an application for bail within a period of six weeks from today. On surrendering, they will be released on

// 2 // bail subject to the condition that each of the Petitioners shall furnish bail bond of Rs.50,000/- (Rupees Fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court below. The release of the Petitioners shall also be subject to condition that they shall furnish cash security of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand) to be deposited by each of the Petitioners within one month from today, to the satisfaction of the learned court in seisin over the matter, and the said amount shall be kept in an interest bearing account of any Nationalized Bank in the name of the court in seisin over the matter, which shall be subject to the final outcome of the trial.

It is therefore directed that the Petitioners shall not be arrested till they surrender before the court below in connection with the aforesaid P.S. Case / G.R. Case.

Further, the release of the Petitioners shall be subject to their appearance before the I.O. as and when required for the purpose of investigation and they shall not leave the jurisdiction of the court without prior permission of the said court and shall cooperate for early conclusion of the trial. Violation of any of the conditions shall entail cancellation of bail of the Petitioners. 5.

The ABLAPL is disposed of accordingly.

6.

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