Orissa High Court
Kishore Chandra Sahoo vs State Of Odisha ….. Opposite Party on 23 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14578 of 2024
Kishore Chandra Sahoo ..... Petitioner
Represented By Adv. -
Mr. Rakesh Behera
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Mr. M.R. Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
23.12.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Parties and perused the
records.
3. The present application has been filed under Section 438
of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection
with Colliery P.S. Case No.203 of 2019, corresponding to G.R.
Case No.734 of 2019, pending in the court of learned S.D.J.M.,
Talcher, for alleged commission of offences punishable under
Sections 294/323/506/34 of the I.P.C.
4. It is stated by the learned counsel for the Petitioner that
earlier the Petitioner was enlarged on bail. However after filing
of the charge sheet adding higher offences under Section 307
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and 506 of I.P.C., the Petitioner is apprehending his arrest in
connection with the higher offences which were added
subsequently. He further contended that injured has not
sustained any grievous injury. Learned counsel for the Petitioner
further submitted that the Petitioner does not have any criminal
antecedent.
5. Taking into consideration the aforesaid facts, the Petitioner
is directed to surrender before the Court in seisin over the matter
within a period of four weeks from today and moves an
application for bail. In such eventuality, 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 injury report. In the event it is found by the
court below that the injuries sustained by the injured are
grievous in nature, then this order shall not be given effect to.
The release of the Petitioner shall also be subject to such other
terms and conditions that would be imposed by the Court in
seisin over the matter. Violation of any of the conditions shall
entail cancellation of bail.
6. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Signature Not Verified
Judge
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Debasis
Date: 26-Dec-2024 15:00:46
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