Iswar Chandra Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14603 of 2022 Iswar Chandra Behera & another .... Petitioners Mr. A. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr. S.Patra, ASC.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

29.11.2022 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 his alleged involvement in the offences under Sections 341/323/324/307/34 of IPC.

3. Learned counsel for the Petitioners submits that there are series of disputes between the Informant and the Petitioner parties and the present Petitioners have also resorted to CRLMC No. 1550 of 2015 and an interim protection was granted to the Petitioners. In view of fact that the CRLMC has since been disposed of in remark of others the present Petitioners have been preferred.

4. The learned counsel for the Petitioners also submits that the final form in the case has since been submitted as the Petitioners in the offence U/s. 341/323/307/34 of IPC.

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5. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with G.R Case No.90 of 2015 arising out of Banpur P.S. Case No.54 of 2015 pending in the court of learned J.M.F.C., Banpur within a period of three weeks' hence and moves 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 subject to verification of the injury report if the same is not formed there.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge B.K Sahoo