This judgment rejects the grant of anticipatory bail pending in the lower court. Instead, liberty is granted to the petitioner to surrender within four weeks to move for bail, with the lower court required to dispose of it expeditiously.
Liberty granted to petitioner to surrender and move for bail in the Court below within four weeks for disposal.
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.469 of 2022
Trilochan Dandasena
Petitioner
Mr. P.K. Singh, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. A. Das
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
02.02.2022
01.
This matter is taken up by video conferencing mode. Heard the learned counsel for the petitioner and 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 Kharbelnagar P.S. Case No.423 of 2021 corresponding to C.T. Case No.28 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for the commission of the alleged offences punishable under sections 419/420/467/468/471 of the Indian Penal Code.
Perused the first information report annexed to the anticipatory bail application.
In view of the nature and gravity of the accusation against the petitioner and the manner in which the forged
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documents were used for getting the compensation amount, 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 from today, 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 Court concerned for disposal of the bail application.
The ABLAPL stands disposed of.
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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
Page 2 of 2
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a cheating and forgery case.
Whether liberty should be given to the petitioner to surrender for bail in the lower court.
2 provisions across 2 enactments
Trilochan Dandasena
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
