Saroj Sahoo @ Saroj Kumar v. State of Odisha
Case at a glance
- Bench
- CHITTARANJAN DASH
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 294, 307, 323, 325, 506
Key paragraphs
- Para 66. The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 09-Jan-2025 17:57:29
Judgment
Mr. P.K. Mishra, Advocate -versus- State of Odisha …. Opp. Party Mr. P.P. Behera, ASC. CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 09.01.2025
Heard learned counsel for the Petitioner and the State.
This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 294/323/325/307/506/34 of the IPC connection with Pattamundai P.S. Case No.135 of 2023 corresponding to G.R. Case No.233 of 2023 pending in the court of the learned J.M.F.C., Pattamundai.
Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the materials record and further the circumstances appearing, seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned JMFC, Pattamundai in G.R. Case No.233 of 2023 within three weeks hence and move for bail, and in that event the learned court in seisin over the matter shall // 2 // consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record, on its own merit.
In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on its own merit in the manner as ordinarily it deals with such matter, not giving any emphasis for having directed for disposal. However, this order is subject to verification of the criminal antecedents of the Petitioner and if the injuries are not grievous to the vital part of the body of the injured.
Case diary be made available to the learned courts below to facilitate disposal of the bail application of the Petitioner.
The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 09-Jan-2025 17:57:29
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.