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Bhabani Shankar Nayak vs State Of Odisha on 7 August, 2024

Bench: C.T. Ravikumar, Sanjay Karol

     ITEM NO.9                                   COURT NO.12                         SECTION II-B

                                     S U P R E M E C O U R T O F                I N D I A
                                             RECORD OF PROCEEDINGS

                      Petition(s) for Special Leave to Appeal (Crl.) No.7105/2024

     (Arising out of impugned final judgment and order dated 06-03-2024
     in ABLAPL No. 15143/2023 passed by the High Court of Orissa at
     Cuttack)

     BHABANI SHANKAR NAYAK                                                            Petitioner(s)

                                                          VERSUS

     STATE OF ODISHA & ANR.                                                           Respondent(s)

     Date : 07-08-2024 This petition was called on for hearing today.

     CORAM :                   HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                               HON'BLE MR. JUSTICE SANJAY KAROL

     For Petitioner(s)                     Mr. Dhananjaya Mishra, AOR
                                           Mr. S. Debabrata Reddy, Adv.
                                           Mr. Navneet Dogra, Adv.

     For Respondent(s)                     Mr. Subhasish Mohanty, AOR

                                           Ms. Adrija Mishra, Adv.
                                           Mr. Siddharth Mishra, Adv.
                                           Mr. Ninad Dogra, AOR

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

1. The petitioner seeks leave to assail the Order dated 06.03.2024 passed by the High Court of Orissa at Cuttak in ABLAPL No.15143 of 2023.

2. Heard learned counsel appearing on behalf of the petitioner as also the learned counsel appearing on behalf of the respondents.

3. On 14.05.2024, this Court passed an order, while issuing notice, that subject to the co-operation of the petitioner with the Signature Not Verified investigation, Digitally signed by no coercive action shall be taken against the Vijay Kumar Date: 2024.08.08 petitioner until the next date of listing. The said Order was 16:47:19 IST Reason: extended on 22.07.2024.

4. The learned counsel for the petitioner submits that the petitioner is co-operating with the investigation. The learned counsel for the respondents submit that he had instructions from the investigating officer and that there is nothing therein which would reveal that the petitioner is not co-operating with the investigation. In the said circumstances, we dispose of the Special Leave Petition, directing that in the event of arrest, the petitioner shall be enlarged on bail, subject to the terms and conditions to be imposed by the Trial Court. The petitioner shall also comply with the conditions stipulated under Section 438(2) of the Code of Criminal Procedure Code, 1973.

5. The Special Leave Petition stands disposed of, as above.

6. Pending application(s), if any, shall stand disposed of.

(VIJAY KUMAR)                                                    (MATHEW ABRAHAM)
COURT MASTER (SH)                                                COURT MASTER (NSH)




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