Sukanti Sahoo @ Sukanti Sahu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13087 of 2022 Sukanti Sahoo @ Sukanti Sahu and others ....
Petitioners Mr.B.P.Das,Advocate -versusState of Odisha ....
Opposite Party Mr. M.K.Mohanty, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
13.10.2022 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.
The Petitioners are apprehending their arrest for the alleged commission of offence under Sections 294, 323, 506, 420/34 of the Indian Penal Code in G.R.Case No.1449 of 2022 arising out of Begunia P.S.Case No.216 of 2022 of the Court of the learned S.D.J.M., Khordha.
4.
It is submitted by the learned counsel for the Petitioners that one Gopabandhu Sahoo and Brajabandhu Sahoo, Petitioner No.2 in the present case took a hand loan of Rs.9,00,000/- from the informant mortgaging the land which stands recorded in the name of their family members. However, it is alleged that the money has not been
// 2 // refunded to the informant. It is further submitted by the learned counsel for the Petitioners that one of the co-accused Gopabandhu Sahoo has been arrested.
5.
Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner No.2. 6.
However, on the submission of the learned counsel, Petitioner No.2 is given liberty to surrender before the learned S.D.J.M., Khordha in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.2 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.2 on the same day strictly on the basis of the materials on record. 7.
Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.2, if applied for.
8.
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 Petitioner Nos.1,3 to 5, however it is observed that, in the event the Petitioner Nos.1, 3 to 5 surrender and move for bail before the learned S.D.J.M., Khorda in G.R.Case No.1449 of 2022 arising out of Begunia P.S.Case No.216 of 2022 within a period of three weeks from today, they shall be released on bail on the same day on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.
// 3 // 9.
The ABLAPL is disposed of accordingly.
10.
Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS