Saroj Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14534 of 2022 Saroj Kumar Jena and others .... Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

28.11.2022 01.

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in anticipation of arrest for their alleged involvement in the offences U/s.147/148/341/114/294/323/324/325/326/307/506/ 149 IPC.

3. Learned counsel for the Petitioners submits that with regard to the plantation of tree in the village field there ensued quarrel between the Informant and the Petitioners party resulting case and counter case. Learned counsel further submitted that according to his instruction the injured appearing in the Informant party is simple in nature.

4. Keeping in view the submission of the parties, the nature of allegations, the circumstances appearing, the seriousness and

// 2 // gravity of the offences, it is directed that in the event the Petitioners surrender in connection with Korei P.S. Case No.286 of 2022 corresponding to C.T. Case No.1158 of 2022 pending in the court of learned J.M.F.C., Jajpur Road within a period of two weeks' hence and move for bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions that they shall appear in person before the court below on each date of posting of the case unless specifically exempted by the court concerned with the further conditions that they shall appear before the IO as and when required, shall not threaten or intimidate the Informant party in any manner whatsoever and shall cooperate with the investigation.

5. 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 and injury is found grievous, the order of this Court shall not be given effect to and the court shall be free to deal with the matter of bail according to its merit without further reference to the present.

6. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi