Brajabandhu Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14301 of 2022 Brajabandhu Swain & another .... Petitioners Mr. Nepoleon Sahani, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

15.11.2022 01.

1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s. 409/420/341/379/506/34, I.P.C read with Sections 25 & 27 of Arms Act.

3. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the materials on record, and further the circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioners surrender and move for bail in connection with G.R. Case No.806 of 2022 arising out of Pipili P.S. Case No.540 of 2022 pending in the court of learned J.M.F.C., Pipili within a period of three weeks' from today, they shall be allowed to go on bail on such terms and

// 2 // conditions as would be deemed just and proper by the said court . The Petitioners shall appear in person before the learned court below on each date of posting of the case and shall appear before the I.O. / I.I.C. for a period of six months or till the submission of Final form as the case may be.

4. It is made clear that the learned Court below shall verify the criminal antecedent of the Petitioners, if necessary by admitting the Petitioners to bail provisionally till the information is received and in case more than one antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further referenced to the present.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge B.K Sahoo