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ORISSA AT CUTTACK ABLAPL No. 6298 of 2024ADITYA KUMAR MOHAPATRA2 min read

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Key paragraphs

  • Para 66. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 17:37:39 Page 2 of 2.

Judgment

Represented By Adv. – Mr. Satya Ranjan Mulia State Of Odisha -versus- ..... Opposite Parties Represented By Adv. – Mr. Debasish Biswal, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 26.06.2024 Order No.

1.

This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

2.

Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

3.

The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Bada Sahi P.S. Case No.155 of 2024, corresponding to C.T. Case No.505 of 2024, pending in the court of learned J.M.F.C., Betanoti, for alleged commission of offences punishable under Sections 341/323/324/379/506/34 of I.P.C.

4.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners Page 1 of 1. surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners and injury report. In the event it is found by the learned court below that the Petitioners are having more than one criminal antecedent and the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked.

5.

It is further directed that the bail granted to the Petitioners is subject to depositing a cash security of Rs.3,000/- (Rupees three thousand) each before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

6.

Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 17:37:39 Page 2 of 2.

Precedent status how later indexed judgments have treated this case

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