Jagdish Padhy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12890 of 2022 Jagdish Padhy & another ....

Petitioners Mr.Bidyalok Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.10.2022 Order No.

1.

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

2.

Learned counsel for the Petitioners does not want to press this application in respect of Petitioner No.2. Accordingly, ABLAPL stands disposed of as not pressed in respect of Petitioner No.2. 3.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records. 4.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 342, 447, 323, 327, 406, 406,506, 417, 420, 120-B/34 of the Indian Penal Code.

5.

Considering the nature of allegations and the fact that the offences alleged are triable by the magistrate and further taking into consideration that cognizance has already been taken and N.B.W. has been issued against the Petitioners, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that,

// 2 // in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Bhubaneswar in I.C.C.Case No.2660 of 2021 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. 6.

The ABLAPL is disposed of accordingly.

7.

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