Single judge disposed of an application for anticipatory bail under Section 438 CrPC. Instead of granting bail, liberty to surrender and seek bail in lower court within four was granted.
Liberty granted to surrender and move for bail in lower court within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16427 of 2021
B. Damodar Patra
…. Petitioner
Mr.J.K. Panda, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr.D.K. Pani,
Addl. Standing Counsel
Mr. S.K. Dash, Advocate (for the
informant)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
25.01.2022
01. This matter is taken up through video
conferencing.
Heard the learned counsel for the petitioner and
learned counsel for the State as well as learned counsel for the State.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Kabisuryanagar P.S. Case No. 501 of 2021 corresponding to G.R. Case No.484 of 2021 pending in the Court of learned J.M.F.C., Kabisuryanagar for the commission of the alleged offences punishable under sections 147, 148, 249, 341, 323, 324, 307, 506/149 of the Indian Penal Code.
// 2 //
Perused the first information report annexed to the anticipatory bail application.
In view of the available materials on record, particularly, the nature and gravity of accusation and the fact that the injured is still hospitalized in S.C.B. Medical College and Hospital, Cuttack and the petitioner has got one criminal antecedent, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks, in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application.
The ABLAPL stands disposed of.
Parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022.
( S.K. Sahoo)
Judge
PKSahoo
Page 2 of 2
1 issue framed by the court
Whether the applicant be granted anticipatory bail amidst prosecution witnesses being hospitalized and the applicant having a criminal antecedent.
1 provisions across 1 enactments
B. Damodar Patra
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
