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ORISSA AT CUTTACK ABLAPL No. 6313 of 2024 · Orissa High Court

ORISSA AT CUTTACK ABLAPL No. 6313 of 2024ADITYA KUMAR MOHAPATRA2 min read

Case at a glance

Provisions considered

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: 01-Jul-2024 10:38:11 Page 2 of 2.

Judgment

Represented By Adv. – Mr. Susil Kumar Pattnaik 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 Petitioner 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 Petitioner seeking pre-arrest bail in connection with Champua P.S. Case No.172 of 2024, corresponding to G.R. Case No.393 of 2024, pending in the court of learned S.D.J.M., Champua, for alleged commission of offences punishable under Sections 380/34 of the 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 Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of Page 1 of 1. three weeks from today and move an application for bail, the Court in seisin over the matter shall release him 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 Petitioner. In the event it is found by the learned court below that the Petitioner is having more than one criminal antecedent, then this order shall automatically stand revoked. While imposing conditions, the trial court shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; and he shall appear before the trial court on each and every date of posting of the case, if not prevented by any sufficient cause. Violation of any of the terms and conditions shall entail cancellation of bail.

5.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.3,000/- (Rupees three thousand) 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: 01-Jul-2024 10:38:11 Page 2 of 2.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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