Chakradhar Mallik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13154 of 2022 Chakradhar Mallik and others ....
Petitioners Mr. P.K. Praharaj, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Patra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
13.10.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.
4.
The petitioners are seeking pre-arrest bail in connection with G.R. Case No.2559 of 2022, arising out of Tangi P.S. Case No.202 of 2022 pending in the court of learned J.M.F.C.(R), Cuttack for commission of offence punishable under Sections 341/294/506/323/ 307/34, I.P.C.
5.
Considering the nature of allegation, gravity of offence and the facts of the case, I am not inclined to grant anticipatory bail to the petitioner nos.1, 2, 3, 4 and 5. However, it is directed that in the event the petitioner nos.1, 2, 3, 4 and 5 surrender and move an application for bail before the learned court in seisin over the matter within a period of
// 2 // three weeks from today, they shall be released on bail on such terms and conditions as would be deemed just and proper. 6.
It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature. In the event it is found that the injury is grievous in nature, this bail order shall automatically stand revoked.
7.
So far as petitioner no.6-Bikram Nayak is concerned. However, on the submission of the learned counsel, the petitioner no.6-Bikram Nayak is given liberty to surrender before the learned J.M.F.C.(R), Cuttack 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 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.6-Bikram Nayak on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.
8.
Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioner, if applied for.
9.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu