Orissa High Court
Sanatan Panda & Others vs State Of Odisha .... Opposite Party on 27 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3687 of 2023
Sanatan Panda & Others .... Petitioners
Mr. Niranjan Lenka, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Shashanka Patra, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 27.04.2023
01. 1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.363/366/496/344/109/376(2)(n)/34, I.P.C. and Section 6 of the POCSO Act, in connection with Niali P.S. Case No.44 of 2023 corresponding to Spl. G.R. Case No.42 of 2023 pending in the court of the learned Addl. Sessions Judge-cum- Spl. Court under POCSO Act, Cuttack.
3. It is submitted by the learned counsel for the Petitioners that there is no material against the present Petitioners, they being the parents and other relatives of the principal accused namely Suman Panda.
4. As reveals from the F.I.R. the victim girl is yet to be rescued and the whereabouts of the principal accused Suman Panda is also not known. Since no missing report at the local P.S. has also been filed from the side of the parents of the principal accused whose son too Page 1 of 2 // 2 // is not heard of, apparently shows that the Petitioners are aware of the whereabouts of the victim girl as well as the principal accused Suman Panda.
5. Be that as it may, since the offence includes one under Section 6 of the POCSO Act with other allied offences under the I.P.C., it is not desirable for this Court to grant anticipatory bail to the Petitioners. However the Petitioners are given liberty to surrender and move for bail before the learned Addl. Sessions Judge-cum-Spl. Court under POCSO Act, Cuttack in the aforesaid Special G.R. Case No.42 of 2023 within three weeks from today. In the event of their surrender and motion for bail within the aforesaid period, learned Addl. Sessions Judge-cum-Spl. Court under POCSO Act, Cuttack shall do well to dispose of the bail application of the petitioners on the same day on merit in accordance with law, not presuming it to be a direction in affirmative.
6. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioners, as far as possible, to facilitate disposal of the bail application of the Petitioners on the same day, if there be no other legal impediment.
7. The court shall apply its wisdom in allowing or rejecting the application on its own merit keeping in view the materials and gravity of the offences alleged.
8. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida Page 2 of 2