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Orissa High CourtABLAPL/13638/2022disposed off

Satyabrata Panigrahi v. State Of Odisha

2022-10-21Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13638 of 2022 Satyabrata Panigrahi ....

Petitioner Mr.J.K.Majhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.10.2022 Order No.

01.

1.

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

2.

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

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 420, 465, 467, 471, 294, 323, 506/34 of the Indian Penal Code.

4.

Learned counsel for the Petitioner submits that he is ready and willing to return the money to the informant. 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 Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Balasore in C.T.Case No.1245 of 2019 arising out of Chandipur P.S.Case No.81 of 2019 within a period of three weeks

// 2 // from today, he 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. However, release of the Petitioner shall be subject to the condition that the Petitioner shall initially repay Rs.20,000/- (Rupees Twenty thousand) at the time of release of the Petitioner on bail, thereafter the balance amount in two equal installments to the informant. Further, release of the Petitioner shall be subject to the other terms and conditions to be fixed by the learned court below.

5.

The ABLAPL is disposed of accordingly.

6.

Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge RKS