Jati Nath @ Jasi Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11819 of 2022 Jati Nath @ Jasi Nath ....

Petitioner Mr. Samarendra Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.242 of 2022, arising out of Jagatsinghpur P.S. Case No.98 of 2022 pending in the court of learned S.D.J.M., Jagatsinghpur for commission of offences punishable under Sections 147/143/148/341/332/427/294/353/323/307/395/506/149, I.P.C. 5.

It is submitted by learned counsel for the petitioner that the petitioner is a lady and the dispute arises between the parties out of a political rivalry in the last Grama Panchayat election. It is further submitted by learned counsel for the petitioner that some of the coaccused persons have already been released on bail by the learned court below, namely, Kailash Nath, Minati Nath, Benu Nath, Suna

// 2 // Nath and Jatadhari Nath.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, the petitioner shall be released on bail on such terms and conditions as would be deemed just and proper. 7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu