Sibun Deep v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12027 of 2022 Sibun Deep and others ....

Petitioners Mr. Chita Ranjan Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

23.09.2022 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. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Section 392 of the Indian Penal Code.

4.

It is submitted by the learned counsel for the Petitioners that on the basis of co-accused statement, the Petitioners have been implicated in this case. He further submits that co-accused has been arrested in the meantime and released on bail. 5.

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

// 2 // S.D.J.M., Rairakhol in G.R.Case No.275 of 2022 arising out of Rairakhol P.S. Case No.95 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedents of similar nature against the Petitioners. Case Diary and criminal antecedents of the Petitioners be made available on the date of surrender.

6.

The ABLAPL is disposed of accordingly.

7.

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