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Orissa High CourtABLAPL/13771/2022disposed off

Suraj Chandra Majhi v. State Of Odisha

2022-10-28Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13771 of 2022 Suraj Chandra Majhi ....

Petitioner Mr. Amlan Shakti Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. Manoj Kumar Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

28.10.2022 02.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3. The petitioner has filed this application under Section 438, Cr.P.C. for anticipatory bail in connection with G.R case No. 136 of 2022 corresponding to Begunia P.S case No. 24 of 2022 pending in the Court of learned S.D.J.M., Khordha for the alleged commission of offence under Section 392/34 of IPC.

4. It is alleged that on the date of occurrence, the petitioner and two other persons came in a motorcycle and obstructed the Bolero vehicle of the informant and assaulted his driver. Thereafter, they snatched away the key and drove the vehicle and then snatched away the money purse of the driver containing cash of Rs.12,000/- and mobile phone and other documents and thereafter going a few

// 2 // kilometers they dropped the driver on the way and went away with that Bolero pick-up van towards Khordha. In the meantime, charge sheet has been submitted and all the stolen articles including the vehicle have since been recovered.

5. Considering the above facts and submission, and the fact that the stolen articles have been recovered in the meantime, I am inclined to allow the Petitioner to go on bail. Accordingly, it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Khordha in the aforesaid G.R. Case within a period of three weeks 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, including the condition that the Petitioner shall personally appear before the trial Court on each date of posting of the case without fail. Further he shall appear before the IIC of Begunia Police Station on every Sunday at 10 a.m. till conclusion of trial and such fact shall be certified by the IIC to the concerned court once in a month.

6. The ABLAPL is accordingly disposed of.

( Chittaranjan Dash ) Judge S.K. Parida