Orissa High Court
) Soubhagya Samal @ Jatia vs State Of Odisha ..... Opposite Parties on 28 June, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6459 of 2024
1) Soubhagya Samal @ Jatia ..... Petitioners
2) Ashok Samal Represented By Adv. -
Smruti Ranjan Rout
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr. M.K. Mohanty,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
28.06.2024 Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.
3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Cuttack Sadar P.S. Case No.329 of 2024, corresponding to G.R. Case No.754 of 2024, pending in the court of learned J.M.F.C.(R), Cuttack, for alleged commission of offences punishable under Sections 307, 323, 324, 34, 341, 379, 385 of I.P.C.
4. Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the Page 1 of 2. 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 criminal antecedent. In the event, the Petitioners are having any criminal antecedent, then this order stands automatically revoked. Similarly the verification of the fact that there is any allegation of assault of the Petitioners. In the event, it is found that the Petitioners have been assaulted, then this order shall not be given effect to.
5. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed
Signed by: SANTANU KUMAR ROUT
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 29-Jun-2024 14:40:49 Page 2 of 2.