Orissa High Court
Murari Prasad Patel & Another vs State Of Odisha .... Opposite Party on 5 December, 2022
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14152 of 2022
Murari Prasad Patel & another .... Petitioners
Mr. Dibya Jyoti Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 05.12.2022
04. 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. 306/34, I.P.C. in connection with Sambalpur GRPS P.S. Case No.96 of 2022 corresponding to G.R. Case No.4218 of 2022 pending in the court of learned S.D.J.M., Sambalpur.
3. It is submitted by learned counsel for the Petitioners that, basing on the suicidal note of the deceased, the present petitioners have been arrayed in this case along with others.
4. Primarily this matter relates to documents and it is revealed that the deceased was working as the Headmaster of Tamparkela Anchalik High School at Tamparkela of Sambalpur district. It is also brought to the notice of this Court by the learned counsel for the Petitioner that the office of the DEO had directed the deceased Page 1 of 3 // 2 // to handover the charge of the office of the Headmaster, vide Letter No.14.10.2022, a copy of the Memo whereof vide No.9284 was received by the Headmaster.
5. Considering the above circumstances where the matter relates primarily on documents, custodial interrogation of the accused- Petitioners may not be a necessity. However, keeping in view the nature and seriousness of the allegation, gravity of the offence and the facts of the case, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioners, if so chooses, may surrender before the learned S.D.J.M., Sambalpur in the aforesaid G.R. Case during the first hour within three weeks from today and move for bail. In such event, the learned Magistrate shall consider the bail application of the Petitioners in the first hour of the day itself, strictly on the basis of the materials available on record.
6. In case of rejection of the bail application by the learned Magistrate, the Petitioners 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 Petitioners on the same day on its own merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or even presuming it to be a direction in affirmative.
7. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioners, as soon as possible to Page 2 of 3 // 3 // facilitate disposal of the bail application of the Petitioners on the same day itself.
8. The ABLAPL is disposed of accordingly.
( Chittaranjan Dash ) Judge S.K. Parida Page 3 of 3