Subash Chandra Pradhan @ Subash Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11847 of 2022 Subash Chandra Pradhan @ Subash Pradhan ....

Petitioner Mr.Amulya Ratna Panda, Advocate -versusState of Odisha & another ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records. 3.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 120-A, 294,403,406,409, 420, 423 and 506/34 of the Indian Penal Code in connection with I.C.C.case No.2518 of 2013 of the Court of the learned C.J.M., Balasore.

4.

Non-bailable warrant has been issued by the learned S.D.J.M., Balasore in the aforesaid case. It is apparent from the records that the dispute out of which the private complaint has been filed is civil in nature. The Petitioner is a permanent resident of Manikula P.S. Sadar, District Balasore which precludes any chance of his absconding from justice. There is no allegation that the

// 2 // Petitioner shall tamper with the prosecution evidence, if he is released on bail.

5.

Considering the aforesaid facts, the ABLAPL is allowed. Let the Petitioner surrender before the learned S.D.J.M., Balasore in the aforesaid case within 21 working days and pray for bail. On such event, he shall be released on bail on such terms and conditions as deemed just and proper by the learned magistrate. In case the Petitioner is arrested by the Police in the meantime, he shall be produced before the learned magistrate within 23 hours and the learned magistrate shall grant him bail as directed above. It is also directed that the Petitioner shall appear before the trial court on each and every date fixed and he shall not tamper with the prosecution evidence or threaten or influence the prosecution witnesses in any manner whatsoever while on bail.

5.

The ABLAPL is disposed of accordingly.

6.

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