Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 294, 323, 341, 506
Key paragraphs
- Para 66. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. S.K.Parida (A.K. Mohapatra) Judge
Judgment
Petitioners Mr. Sailesh Narayan Biswal, Advocate State of Odisha -versus- …. Opposite Party Mr. Sitikant Mishra, A.S.C. CORAM: JUSTICE A.K.MOHAPATRA ORDER 26.09.2022 Order No.
#1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
#2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.
#3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/294/323/506/34, I.P.C.
#4. 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 Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M. (S), Cuttack in G.R. Case No.727 of 2021 corresponding to Bidanasi P.S. Case No.147 of 2021 within a period of three weeks from today, they 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, but subject to verification of the // 2 // Criminal Antecedents of the Petitioners. If it is found that there is more than one criminal antecedent of similar nature against the Petitioners, then this bail order shall stand automatically revoked.
#6. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. S.K.Parida (A.K. Mohapatra) Judge
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